Sayyad Arif v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 7753 of 2019 O R D E R:

This writ petition is filed for the following relief: "...to issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2's impugned proceedings No.

316/TSECL(KRN)/2017-MPTC(1866) dated 19.01.2018 for non-submission of the election expenditure returns under Section 230-A of Telangana Panchayat Raj Act, 1994 without compliance under Rule 103 (1) to (7) and under Section 19-B(b) as illegal, arbitrary and violation of principles of natural justice and consequently set side the impugned proceedings...." 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.

The writ petitions are allowed."

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 Dt:12.04.2019 kdl