Mrs. Evnice L Chawngthu v. The State Of Telangana
[ 3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 18692 OF 2024 Between:
Mrs. Evnice L Chawngthu, Wo Mr. Timothy Gonmei, Na 45 years, Occu. Advocate, C/o Bar Association, High court, Hyderabad 500066 Telangana State ...PETITIONER AND The State of Telangana, Rep by its Secretary Law Department Telang Secretariat, Hyderabad district, Oppoiste Lumbini Gardens, Hyderabad - 500 Telangana State ana ...
RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or a writ in the nature of a writ of mandamus or any other appropriate writ, directing the Respondents to (1) rescind their appointment of advocate Kalyan Chengalva Rao as Government Pleader for General Administration, (2) direct the Respondent to cause the registration of an FIR against Kalyan Chengalva Rao for: cheating, corruption etc, (3) penalize advocate Kalyan Chengalva Rao a small amount of Rupees five lakhs only for deliberately and wantonly contesting for and holding the dual post of Vice President of the THCAA 2023 - 2024, (4) direct the President of the THCAA Palle Nageshwar Rao to immediately declare the next candidate to secure the highest vote as Vice President of THCAA, award legal costs to the Petitioner.
Counsel for the Petitioner : SRI EUNICE CHAWNGTHU Counsel for the Respondents: SRI G.M.
HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.18592OF 2024 ORDER: (ORAL) This writ petition is filed by the petitioner seeking the following relief "...to issue an order, direction or a writ in the nature of a writ of mandamus or any other appropriate writ, directing the Respondents to (1) rescind their appointrnent of advocate Kalyan Chengalva Rao as Government Pleader for General Administration, (2) direct the Respondent to cause the registration of an FIR against Kalyan Chengalva Rao for cheating, corruption etc, (3) penalize advocate Kalyan Chengalva Rao a small amount of Ruppes five lakhs only for deliberately and wantonly contesting for and holding the dual post of Vice President of the THCAA 2023 - 2024, (4) direct the President of the THCAA Palle Nageshwar Rao to imrnediately declare the next candidate to secure the highest vote as Vice President of THCAA, award legal costs to the petitioner and pass such other order or orders. .. " 2.
It is submitted that an advocate by name Mr. Kalyan Chegalva Rao is not proficient and has no working knowledge of English, Hindi or even Telugu which is his mother tongue. Mr. Kalyan Chegalva Rao, who was appointed as Govemment Pleader for General Administration, submitted his nomination for the post of the Vice
President of the Telangana High Court Advocates Association (THCAA) 2023-24 which is illegally accepted by the returning officer. Mr. Kalyan Chegalva Rao has violated the Office of Profit law as a Government servant. The post of a Government Pleader is a post of a Government servant and Mr. Kalyan Chegalva Rao cannot hold an elected post such as that of Vice President of THCAA. The petitioner submitted representation to the learned Advocate General, the Chief Secretary of Telangana and the Registrar General of the Telangana High Court stating that Mr. Kalyan Chegalva Rao is holding dual posts. It is submitted that advocate Mr. Kalyan Chegalva Rao has amassed huge amount of money during his stint as Govemment Pleader for General Administration and upgraded his vehicle from that of a second hand scooter to that of a Skoda and now a Fortuner that costs Rs.50,00,000/- (Rupees fifty lakhs only). 3.
In the course of hearing, the petitioner-Party-in-Person was asked by this Court to produce any provision of law/rule(s)/circular etc., which says that a Government Pleader is a post of public employment and that a person appointed as a Govemment Pleader cannot contest as office bearer of Telangana BAR Association. Despite several opportunities given to the petitioner, nothing is placed on
record to substantiate that the post of a Government Pleader is a public employment; a Government Pleader cannot contest as office bearer and that the post of office bearer or Vice President is Office of profit. Thus, the writ petition is misconceived and liable to be dismissed. 4.
The petitioner has made several allegations against Mr. Kalyan Chegalva Rao, touching upon his professional conduct and competency. Such allegations are not only uncalled for and unwarranted but are no way connected to the relief sough in this writ petition. Further, Mr. Kalyan Chegalva Rao is not arrayed as respondent in this writ petition. Thus, in the opinion of this Court, the petitioner is abusing the process of law for extraneous reasons. The petitioner is warned to be careful in future and not to repeat filing of writ petitions of this nature.
5.
Accordingly, the writ petition is dismissed. There shall be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
SD/.T. JAYASREE ASSISTANTlREGISTRAR -);
SECTION OFFICER //TRUE COPY// To, one CC to MTs EUNICE CHAWNGTHU' Advocate [OPUC] One CC to SRI G.M NIOHINUDDIN, Advocate lOPUCl
3. Two CD CoPies BSK BS Y:9
HIGH COURT I DATED:1910912024 I l-:: $ r.i ].
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ORDER
WP.No.18692 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS