A.Srinivas, v. The State Of Telangana,
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.12739 OF 2015 DATED: 29.04.2015 Between:
A. Srinivas .. Petitioner And The State of Telangana, Rep. by its Principal Secretary, Cooperation, and others.
.. Respondents THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.12739 of 2015 ORDER:
Heard.
Petitioner questions the election notification issued on 20.04.2015 by the 4th respondent for conducting elections to the Managing Committee of the 5th respondent society and the primary ground raised is that the election of the petitioner as President of 5th respondent society was erroneously set aside by the Election Tribunal beyond the limitation prescribed for entertaining the Election O.P. The petitioner has already questioned the order of the Tribunal in W.P.No.31355 of 2013, wherein this Court granted status quo on 01.11.2013.
However, the said status quo order was limited for a period of two weeks only and was not extended thereafter, though the writ petition is pending. When vacate stay petitions were filed in the aforesaid writ petition, this Court passed order dated 01.12.2014 duly taking note that the interim order is not subsisting as on that date and hence, the vacate stay petitions have become infructuous. Therefore, in the absence of the interim order of status quo, the order of the Tribunal, setting aside the election of the petitioner, subsists. In view of that, the impugned notification issued for conducting elections cannot be faulted on any ground. Even otherwise, this Court will not interdict the election notification issued. Hence, I see no reason to entertain the writ petition and the same is accordingly dismissed.
As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_____________________ VILAS V. AFZULPURKAR, J 29th April, 2015 IBL