Chittari Prabhakar v. The Telangana State Election Commission And 2 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 23963 of 2019 O R D E R:

This Writ Petition is filed for the following relief: "....to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondent No.1 in passing order No.354/TSEC-L/2017-(4) dated 03.06.2017, thereby declaring the petitioner as ineligible to contest any election to be held for any office under the provisions of the Telangana Municipalities Act, 1965 for a period of three years from the date of issue of the order as illegal, unjust, violation of principles of natural justice and also against Articles 14 and 21 of the Constitution of India and consequently set aside the same."

When the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present Writ Petition is squarely covered by the common order dated 20.03.2019 passed by this Court in W.P.No.17075 of 2018 and batch. Learned Standing Counsel for Telangana State Election Commission appearing for respondent No.1 does not dispute the aforesaid submission.

Relevant portion of the aforesaid order reads as under: "Once the statute required the authorities to take steps 'immediately' or 'as soon as may be', they cannot sleep over such matters for years together and thereafter seek to justify the delay on their part. It may also be noted that in so far as the elections

CKR, J W.P.No.21696 of 2019 held in 2013 were concerned, the stipulated period of forty-five days expired in September, 2013 itself, long before formation of the new State of Telangana and the issues that cropped up thereafter.

Be it viewed from any angle, this Court finds that the balance would tilt in favour of the petitioners, given the lapses on the part of the election authorities in giving effect to their statutory obligations. The orders of disqualification visited upon the petitioners by the Commission are accordingly set aside.

The writ petitions are allowed."

In those circumstances, following the above said common order and for the reasons recorded therein, this Writ Petition is also allowed by setting aside the order impugned.

Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J Dt:01.11.2019 kdl