P. Surender Reddy v. Akula Srinivasulu

HIGH COURT FOR THE STATE OF TELANGANA IVONDAY, THE TWENTY EIGHTH DAY OF I\iIARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY CIVIL REVISION PETITION NO:'19 01 0F 2019 Between:

P. Surender Reddy, S/o. P. Maheshwar Reddy, aged about 39 years, Occ Agriculture, Rl/o. H. No. 1-12, Rayanpeta Village, 'Koth:kota Mandal, Wanaparthy District.

AND

...Petitioner

1. Akula Srinivasulu, S/o. Balaswamy, aged about 49 years, Occ Agriculture, R/o. H. No. 5-22, Rayanpeta Village, Kothakota Mahdal, Wanaparthy District.

2. The District Collector,, Panchayat Wing), Wanaparthy District, Wanaparthy.

3. The District Panchayat Officer,, Wanaparthy, Wanaparthy District.

4. The MPDO,, Kothakota, Wanaparthy District.

5. The Returning Officer,, Rayanpeta Village, Kothakota Mandal, Wanaparthy District.

...Respondents

Petition under Article 227 ol lhe Constitution of .lndia, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to dispose of the Civil Revision Petition by directing the Lower Court to dispose of the election O.P. No.6/2019 on the file of the Junior Civil Judge, Wanaparthy expeditiously.

For the Petitioner : Sri M. Damodar Reddy, Advocate For the Respondents: None Appeared The Court made the following: ORDER

THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY CML REVISION PETITION No.19O1 OE 2q19 ORDER:

Heard learned counsel for the petitioner. This Civil Revision Petition is filed under Article 227 of Constitution of India seeking a direction to the learned Junior Civil Judge at Wanaparthy for expeditious disposal of Election O.P.No.6 of 2079. Election O.P.No.6 of 2Ol9 is filed under Section 242 of Telangana State Panchayatraj Act, 2Ol8 to declare the 1"t respondent as 'disqualified' by setting aside the election of the respondent No.l and to declare the petitioner as Sarpanch of Rayanpet Village and Gram Panchayat.

2.

Though notice was ordered to the respondents and personal notice was also permitted, no such report was filed. Hou,ever, having regard to the nature of the relief sought for, I deem it fit to dispose of the matter without looking into the report on service of notice.

3.

As per the pleadings in the CRP, the election u'as held on 25.01.2019 wherein, the 1"t respondent was declared as an

elected candidate, which is under challenge before the learned Junior Civil Judge, Wanaparthy, which is the election tribunal under Grampanchayt Act.

4.

Having regard to the relief sought, since the election was held in January, 20 19, about three years back, I deem it fit to give a direction to the Court below for expeditious disposal of the matter.

5.

In the result, this CRP is allowed, learned Junior Civil Judge at Wanaparthy is hereby directed to dispose oi Election O.P.No.6 of 2Ol9 within a period of nine (09) months from the date of receipt of copy of this order. Both the parties to the Election O. P. shall co-operate with the Court below for its expeditious disposal as directed by this Court. In the circumstances of the case, the parties sha1l bear their respective costs. Miscellaneous petitions, if any, pending, in this CRP, shall stand closed.

To, ,rRuE copy;" ' iltP'mji[Bfrsrfii8 I SECTION OFFICER i. ik i3 g 3 i''^il b',',f ; Ij : [Xt?X ]0," ", te ro p U cl \&

HIGH COURT AVR,J DAfED:2810312022 1n?,

ORDER

CRP.No.1901 of 2019 CRP IS ALLOWED u