Kuntigorla Srinivas v. The State Of Telangana
[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 8245 OF 2021 Between:
Kuntigorla Srinivas, S/o. Somaiah, Age 41 years, Occ : Agriculture, Rl,/o. Kommala Village and Gram Panchayat, Jajireddygudem Mandal, Suryapet District. .....PETITIONER AND
1. The State of Telangana, Rep.by its Principal Secretary, Law and Legislature Department, Telangana Secretariat Building, Hyderabad.
2. The State Election Commission, Rep. by its Secretary, Telangana, 1st Floor, DTCP Buildings, AC Guards, Hyderabad.
3. The Diskict Collector (Election Authority), Suryapet District, at Suryapet.
4. The Mandal Praja Parishath Development Officer, Jajireddygudem Mandal, Suryapet District.
.....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction particularly one in the nature of Writ of Mandamus or any other writ or direction, to declare the impugned order of 2nd respondent bearing No. 2926fTSEC-PR/Jajireddygudem/GPS/2019 (57) dated 1511212020 declaring the petitioner to be ineligible for a period of 3 years from contesting any post and to disqualify to hold the post of elected ward members 4 is illegal, arbitrary, without jurisdiction and violative of Principles of natural justice, though the petitioner submitted election expenditure to the 4th respondent and set aside the same and consequently declare the petitioner is entitled to continue as Ward Member 4 of Kommala Grama Panchayath, Jajireddygudem Mandal, Suryapet District.
|.A.NO:1 OF 2021 Petition Under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent continue the petitioner as Ward Member 4 of Kommala Gram Panchayath, Jajireddygudem Mandal, Suryapet District, by suspending the operation of impugned order of 2nd respondent bearing No. 2926/TSECPR/Jajireddygudenn/GPS/2019 (57) dated 1511212020, pending disposal of the writ petition in the interest of justice.
I.A.NO:2 OF 2021 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings in File No. 2926/T5EC/PR/Jajireddygudem/GPS2019
(57) dated 1511212020.
Counsel for the Petitioner : SRI D.Y.L.N.CHARYULU Counsel for the Respondent No.1 : GP FOR LAW AND LEGISLATIVE AFFAIRS Counsel for the Respondent Nos.2 & 3 : SRI P.SUDHEER RAO Counsel for the Respondent No.4 : SRI G.NARENOER REDDY The Court made the following ORDER
THE HON'BLE SRI JUSTICE K'SARATH WRIT PEfITION No. 8245 of2o2L oRDER:
Heard 2.
This Writ Petition is filed questioning the impugned orderdatedLs.|2.2o2opassedbytherespondentNo.2 declaring the petitioner as ineligible for a period of three years from the date of order to contest in any elections to be held in any office under Section 23 of Telangana Panchayath Raj Act, 2018 and as per Rule 106 (3) and 106
(7) of the Telangana Panchayath Raj (Conduct of Election) Rule, 2018.
3.
As the above said period was elapsed' the cause 1n the Writ Petition does not survive and the Writ Petition has become infructuous '
4.
Accordingly, this Writ Petition rs dismissed as infructuous. No order as to costs'
As sequel to it, Miscellaneous Petitions pending' if any, shall stand closed'
tI sD/' P' cxj,!+f;Jf'[:3ffit //rRUE coPY// sEcrloi 6"'"'* to ,l. ,*o CCs to GP FOR LAW AND LEGl9:ATlvE AFFAIRS' High Court for the '' Siui" ot f.rangana at Hyderabad lOUTl
n I \
2. One CC to Sri D.Y.L.N.Charyulu, Advocate [OPUC]
3. One CC to Sri P.Sudheer Rao, Advocate [OPUC]
4. One CC to Sri G.Narender Reddy, Advocate [OPUC]
5. Two CD Copies SA GJ M\.p
HIGH COURT ) I {( DATED:1 811212023 T s AI e r| a q JI|l 2021 3zZ a A- + (:, Plil I nFs
ORDER
WP.No.8245 ot 2021 DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS Q.w