Nerati Srikanth v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY W.P.No.3620 of 2015

ORDER

This writ petition is filed seeking to declare the action of 3rd respondent in not taking any steps to give intimation to the 4th respondent with regard to her disqualification in spite of the memo dated 10.10.2014 issued by the 2nd respondent and in spite of the written representation by the petitioner on 05.11.2014, as illegal and arbitrary.

2. The case of the petitioner is that the 4th respondent was elected as Ward Member of Ward No.4 of Kistarainpally Village, Chinthapally Mandal, Nalgonda District. Subsequently, the petitioner came to know that the 4th respondent is having more than two children and shall be disqualified for election or continuing as member. The petitioner made a representation on 05.11.2014 bringing the said fact to the notice of the 3rd respondent, but no action is taken. Hence, the present writ petition.

3. Heard learned counsel for the petitioner, learned Standing Counsel for Panchayat Raj and Sri P. Raghavendra Reddy, learned counsel for respondents 2 and 3.

4. Learned Standing Counsel for respondents 2 and 3, on instructions, submits that no such application is received by the 3rd respondent from the petitioner.

5. A perusal of the material on record shows that though a

copy of the representation dated 05.11.2014, is filed along with the material papers, there is no acknowledgment of receipt of the same by the office of the third respondent. In view of the same, no direction can be issued. However, it is open for the petitioner to make a necessary application to the authority concerned and on filing such application, the same may be considered in accordance with law.

6. Accordingly, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ A. RAJASHEKER REDDY, J.

11th March, 2015 sj