Panikera Mohan Raj v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NOS.13342, 13352 AND 13391 OF 2019 COMMON ORDER Petitioners, in all these writ petitions, are challenging the election of private respondents, in the Gram Panchayath elections. Heard the learned counsel for the petitioners. Learned Government Pleader for Panchayat Raj submits that petitioners have alternative remedy under Sections 27 and 242 of the Telangana Panchayat Raj Act, 2018 (for short 'the Act') and hence, the petitioners may be directed to avail the same.

Under Article 243-O(b) of the Constitution of India, there is bar to interference by courts in electoral matters, except by way of an election petition presented to such authority and in such manner as is provide for by or under any law made by the Legislature of a State. Section 27 of the Act, provides for the authority to decide questions of disqualification of members, and Section 242 of the said Act, provides for filing of election petition. In view of these provisions under the statute, this court is not inclined to entertain the writ petitions in exercise of jurisdiction under Article 226 of the Constitution of India. Having regard to the facts and circumstances, the writ petitions are disposed of leaving it open to the petitioners to avail the alternative remedy available under law.

Interlocutory applications pending, if any, shall stand closed. No order as to costs.

----------------------------------------------- A.RAJASHEKER REDDY,J DATE:03-07-2019 AVS