Smt. Kasarla Lavanya v. The State Of Telangana

THE HON'BLE SRI JUSTI CE CHALLA KODANDA RAM W RI T PETI TI ON No.7 6 5 1 of 2 0 1 9 ORDER:

This writ petition is filed for the following relief: "...to issue an appropriate writ particularly one in the nature of Mandamus or any other appropriate writ declaring that the impugned order No 316/ TSECPRPDP/ 2017209 dt.12.01.2018 passed by the respondent No. 2 herein against the petitioner as ineligible for a period of 3 years from the date of issuing of impugned order to contest any election to be held for any office under the provisions of Telangana Panchayat Raj Act 1994 served on 02 01 2019 as illegal arbitrary intentional mala fide violation of principles of natural justice and against the Article 14 19 and 21 of Constitutional of India and consequently set aside the impugned order No 316/ TSECPRPDP/ 2017209 dt.12.01.

2018 passed by the respondent No 2 herein and such other order or orders as this Hon'ble Court may deem fit and proper in interest of justice." When the matter is taken up, learned Standing Counsel appearing for the State Election Commission fairly concedes that the issue raised in this writ petition is squarely covered by the common order dated 20.03.2019 passed by this Court in W.P.No.2630 of 2018 and batch.

In the aforesaid order, this Court had categorically held as under:

"Once the statute required the authorities to take steps 'immediately' or 'as soon as may be', they cannot sleep over such matters for years together and thereafter seek to justify the delay on their part. It may also be noted that in so far as the elections held in 2013 were concerned, the stipulated period of forty-five days expired in September, 2013 itself, long before formation of the new State of Telangana and the issues that cropped up thereafter.

Be it viewed from any angle, this Court finds that the balance would tilt in favour of the petitioners, given the lapses on the part of the election authorities in giving effect to their statutory obligations. The orders of disqualification visited

upon the petitioners by the Commission are accordingly set aside."

In the present case, admittedly, the elections were held in the year 2013 and the time for submission of election expenditure is 45 days from the date of declaration of the results and respondent No.2 ought to have taken action, if any, immediately thereafter or within a reasonable time. However, the ratio laid down by this Court in the aforesaid order applies to the present case also. Therefore, this writ petition is allowed in terms of the order, dated 20.03.2019, passed by this Court in W.P.No.2630 of 2018 and batch.

Miscellaneous petitions, if any, pending in this writ petition shall also stand closed. There shall be no order as to costs. ____________________ CHALLA KODANDA RAM, J April 10, 2019 DSK