Marapakula Suresh v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.8120 of 2019 ORDER:

This Writ Petition is filed for the following relief: "...... to issue a Writ order or direction more particularly in the nature of Writ of Mandamus by declaring the impugned order by the Respondent No.4 alleging that the Petitioner is disqualified through order dt.19.08.2017 in proceedings No.817/TSEC-L(NLG)/2015-ZPTC(11) to have been passed by the Respondent No.4 on the pretext that the Petitioner has not submitted final accounts of expenditure in the earlier elections contested for the post of Zilla Parishad Territorial Constituency member from Deverakonda Mandal illegal arbitrary and in violation of principles of natural justice in violation of Articles 14 19 and 21 of the Constitution of India and consequently set aside the same in so far as the Petitioner is concerned and to pass ...."

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.

CKR,J W.P.No.8120 of 2019 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 2014 and the time for submission of election expenditure is 45 days from the date of declaration of the results and respondent No.4 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.

__________________________________ JUSTICE CHALLA KODANDA RAM 17.04.2019.

Msr

CKR,J W.P.No.8120 of 2019 HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.8120 of 2019 17.04.2019 Msr