M. Dasharath Goud v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Date: 12.7.2019 Between:

M.Dasharath Goud .. Petitioner And State of Telangana, rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad & others.

.. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO ORDER:

Petitioner contested as Councillor to Ward No.5 of Sadasivpet Municipality in Sangareddy district in the elections held in year 2014. Alleging that the petitioner did not file election expenditure, order was passed on 24.6.2017 by the State Election Commission declaring the petitioner as ineligible for three years from the date of issue of that order to contest any election to be held for any office under the provisions of Telangana Municipalities Act, 1965.

2.

Heard learned counsel for petitioner, learned Government Pleader for Respondents 1, 2 and 5, Sri P.Sudheer Rao, learned Standing Counsel for Respondent No.3 and Sri N.Praveen Kumar, learned Standing Counsel for Respondent No.4-Municipality and perused material available on record.

3.

From a reading of the order impugned, it is apparent that no prior notice was issued before passing such order and notice was not issued within reasonable time from the date of conclusion of election process. 4.

In W.P.No.2630 of 2018 and batch, learned single Judge of this Court considered the issue in detail and held such action of the State Election Commission in disqualifying the candidates on the ground that they did not file election expenditure in the elections held in the year 2014 after long lapse of time as illegal, and amounts to arbitrary exercise of power and set aside the similar orders passed against the petitioners therein.

5.

Following the earlier orders of this Court, this writ petition is also allowed by setting aside the order impugned. Pending miscellaneous petitions shall stand closed.

____________________ P. NAVEEN RAO, J Date: 12.7.2019 DA

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 12.7.2019 DA