Pandyam Naveen Kumar Yadav v. State Of Telangana,

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SMT. JUSTICE T. RAJANI WRIT APPEAL No.845 OF 2017 JUDGMENT: (per Hon'ble the Acting Chief Justice Justice Ramesh Ranganathan) This appeal is filed against the order passed by the Learned Single Judge in W.P. No.21072 of 2017 dated 28.06.2017 wherein, after taking note of the submission made both on behalf of the State of Telangana and the Telangana State Election Commission, and after having perused the Writ Petition, the impugned notification, the order passed in W.P. No.32124 of 2015 dated 06.10.2015, the interim order passed by the Division Bench in WAMP No.940 of 2016 in W.A. No.315 of 2016 dated 03.06.2016, the observation in paragraph 3 of the notification dated 23.06.2017 referring to the oral observations in Contempt Case No.

220 of 2016 though nothing was admittedly in writing, and after having heard at length the Writ Petition and the consequences of the so called nonest panchayat for conducting election because of the subsequent events which actually took place after the notification constituting the Pahadeshareef Grampanchayat area, among other areas, into the Jalapally Municipality by appointing a Commissioner, Municipality as an officer incharge, the Learned Single Judge granted interim suspension, of all further proceedings pursuant to the election notification dated 23.06.2017, for a period of two weeks.

dismissed thereafter, the State Election Commission would not be able to conduct elections in terms of the impugned notification, and would be obligated to issue a fresh election notification for conducting elections to the Pahadeshareef Grampanchayat. While the power of judicial review under Article 226 of the Constitution of India is no doubt wide, the Constitutional mandate of Article 243(o) of the Constitution requires this Court to exercise utmost restraint in interfering with the conduct of elections to Gram-panchayats.

As the Learned Single Judge has interdicted the election process, and since the Learned Advocate General appearing for the State of Telangana has put forth several contentions in support of the order under appeal, it is necessary for us to deal with them, bearing in mind that the Writ Petition is still pending before the Learned Single Judge, and this appeal is against an interlocutory order. Learned Advocate General would submit that the election notification, issued by the State Election Commission, is for a non-existent Gram-panchayat; the 2015 voters list forms the basis for holding elections, though the Telangana Panchayat Raj Act, 1994 (the "Act" for short) requires the electoral list to be revised as on the first day of January of the year in which elections are held i.e., 01.01.2017; though G.O.Ms. No.28 dated 11.04.

2016 was suspended, the other notification i.e., G.O.Ms. No.99 dated 11.04.2016, whereby the Jallpally municipality was constituted with the ersrtwhile Pahadeshareef Grampanchayat as one of its constituents, is still in force; and, consequently, no election can be held to a non-existent Gram panchayat, more so as Jalapally municipality continues to remain in existence.

Section 3(1) of the Act confers power on the State Government, by notification, to declare any revenue village or hamlet thereof to be a village for the purpose of the Act, and to specify the name of the village. Section 3(2)(f) of the Act enables the State Government, by notification and in accordance with such rules as may be prescribed in this behalf, to cancel a notification issued under Section 3(1) of the Act. G.O.Ms. No.28 dated 11.04.2016 is a notification issued by the Government of Telangana in the exercise of its powers under Section 3(2)(f) of the Act cancelling the earlier notification whereby Pahadeshareef was constituted as a gram panchayat. Consequent to G.O.Ms. No.28 dated 11.04.

2016, the Government of Telangana issued another notification, in the exercise of its powers under Section 2(42-a) of the Telangana Municipalities Act, 1965 read with Rule 2 of the Andhra Pradesh Transitional Area and Smaller Urban Areas (Fixation of Criteria) Rules, 2013, specifying the areas, covered by the erstwhile, among others, pahadshareef Grampanchayat, as the Jalapally Smaller Urban Area (Municipality) with immediate effect; and declaring that the Jalapally Municipality is deemed to have been constituted under Section 3(1) of the Telangana Municipalities Act, 1965. G.O.Ms. No.99 dated 11.04.2016 takes note of G.O.Ms. No.28 dated 11.04.2016 whereby the erstwhile Pahadeshareef Grampanchayat was denotified as a Grampanchayat.

It is only as a consequence of de-notification, of the Pahadeshareef Grampanchayat as a Grampanchayat, could it, along with other Grampanchayats, be constituted as the Jalapally Gram Panchayat under G.O.Ms. No.99 dated 11.04.2016. A Learned Single Judge of this Court, by his order in W.P. No.16020 of 22016 dated 05.05.2016, granted interim suspension of G.O.Ms. No.28 dated 11.04.

similar interim orders passed by this Court earlier. We called for the records in W.P. No.16020 of 2016 and, on perusal thereof, noticed that, after expiry of the eight weeks period stipulated in the order dated 05.05.2016, the interim order was not extended thereafter. However, W.P. No.12551 of 22016 was filed seeking suspension of G.O.Ms. No.28 dated 11.04.2016 and, since no interim order was granted in WPMP No.15729 of 2016, the matter was carried in appeal to a Division bench in W.A. No.315 of 2016. By its order in WAMP No.940 of 2016 in WA No.315 of 2016 dated 03.06.2016, the Division bench granted interim suspension till 03.06.2016. Thereafter, by its order dated 03.06.2016, the Division bench held that the order of interim suspension dated 05.05.

2016 would remain operative either till the disposal of the Writ Petitions or the vacate stay petition filed in W.P. No.14570 of 2016. It is not in dispute that neither the vacate stay petition filed therein nor the Writ Petition in W.P. No.14570 of 2016 have been disposed of till date. Consequently, the interim order of suspension of G.O.Ms. No.28 dated 11.04.2016 continues to remain in force pursuant to the order of the Division bench in WAMP No.940 of 2016 in W.A. No.315 of 2016 dated 03.06.2016.

The mere fact that G.O.Ms. No.99 dated 11.04.2016 still continues to remain in force would, prima facie, not render Pahadeshareef Grampanchayat non-existent. It is only on the notification issued earlier, constituting a Gram panchayat, being cancelled can the area, which was hitherto a Gram panchayat, be constituted as a Municipality. This is evident from the fact that G.O.Ms. No.99 dated 11.04.2016 itself refers to G.O.Ms. No.28 dated 11.04.2016 whereby the earlier notification, constituting the Pahadeshareef Grampanchayat, was cancelled. The effect of the

interim order of suspension would be to eclipse G.O.Ms. No.28 dated 11.04.2016, which would then mean that Pahadeshareef Grampanchayat continues to remain in existence, at least as long as the interim order of suspension continues to remain in force. As Pahadeshareef Grampanchayat continues to remain in existence, it cannot form part of the Jalapally Municipality, and the mere fact that G.O.Ms. No.99 dated 11.04.2016 has not been suspended is, therefore, of no consequence.

Since reliance is placed by the Learned Advocate General on yet another order of a Learned Single Judge, in WP No.11747 of 2016 dated 11.04.2016, whereby status quo as on the date of the order was directed to be maintained for a period of two weeks, it is necessary to briefly note the relief sought for in W.P. No.11747 of 2016, and in WPMP No.14780 of 2016 filed therein. The relief sought for in W.P. No.11747 of 2016 is to declare the action of the respondents in reserving the office of sarpanch of Pahadeshareef Grampanchayat in favour of the Scheduled Castes as arbitrary and illegal. The relief sought for in the interlocutory application is not to conduct elections to the office of sarpanch and ward members of Pahadeshareef Grampanchayat. As the order of status quo was passed in W.P. No.

11747 of 2016, Sri Avinash Desai, Learned Counsel for the appellant, would contend that status quo would only mean that reservation of the post of Sarpanch of Pahadeshareef Grampanchayat, in favour of the Scheduled Castes, would continue to remain in force; and, since no order was passed in WPMP No.14780 of 2016, there is no stay of elections. We are, however, saved the trouble of examining these contentions as, on a perusal of the records, we find that the earlier interim order dated 11.04.

of two weeks was extended for a period of six weeks by order dated 29.04.2016, and was not extended thereafter. Consequently there is no interim order in force, in W.P. No.11747 of 2016, as on date. The obligation to hold timely elections to Gram panchayats is placed on the State Election Commission under Sections 200 and 201 of the Act.

Article 243(o) of the Constitution prescribes a bar to interference by Courts in electoral matters and stipulates that, notwithstanding anything in the Constitution (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purported to be made under Article 243K, shall not be called in question in any Court; and (b) no election to any panchayat shall be called in question except by an election petition presented to such authority, and in such manner as is provided for by or under any law made by the Legislature of a State. The sanctity attached to the conduct of timely and unhindered elections to Grampanchayats is emphasised by Article 243(O) of the Constitution of India.

Save exceptional circumstances, no election process should, ordinarily, be interdicted by Courts. We consider it inappropriate, therefore, to interdict the election process on the grounds urged by the Learned Advocate General, including regarding failure to revise the voters list as on 01.01.2017. All these questions are left open for examination in an election petition, if any filed by an aggrieved candidate, after the results of the elections are declared. They can also be examined during the final hearing of the Writ Petition.

election process for a period of two weeks. The requirement of recording reasons for passing such interim orders cannot be overemphasised, more so since the said interim order has the effect of allowing the Writ Petition itself. The order under appeal is, therefore, set aside. The Writ Appeal is allowed. Elections to the Pahadeshareef Grampanchayat shall be held in accordance with the notification issued by the State Election Commission on 23.06.2017. It shall, however, be subject to the result of W.P. No. 21072 of 2017. The Writ Appeal is disposed of accordingly. The miscellaneous petitions pending, if any, shall stand closed. No costs.

_________________________________ RAMESH RANGANATHAN, ACJ ________________ T. RAJANI, J Date: 30.06.2017.

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