Annaldas Padma v. State Of Telangana

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.40227 of 2018 ORDER:

The petitioner is aggrieved of the action of respondent No.2 in passing Order No.316/TSEC-PR-RJS/2017-(66) dated 23.01.2018 declaring her ineligible to contest any election to be held for any office under the provisions of Telangana Panchayat Raj Act, 1994, for a period of three years from the date of issue of the order; and therefore, prays this Court to set aside the same exercising jurisdiction under Article 226 of the Constitution of India. 2.

At the hearing, it is represented by both the learned counsel that the present writ petition is covered by the order passed by this Court in W.P.Nos.2630 of 2018 and batch, dated 20.03.2019. 3.

This Court, while allowing W.P.Nos.2630 of 2018 and batch, by order dated 20.03.2019, dealing with disqualification of petitioners therein, had held as under:

" View ed thus, the failure of the District Election Authorities in taking steps w ithin time cannot be said to be beyond reproach. Though Sri G.Vidya Sagar, learned senior counsel, w ould contend that the peculiar factors existing in 2016 should be taken into account to condone the delay on the part of the election authorities, this Court is of the opinion that the statutory scheme does not permit such justification being offered. 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. I t may also be noted that in so far as the elections held in 2013 w ere 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 view ed from any angle, this Court finds that the balance w ould tilt in favour of the petitioners, given the lapses on the part of the election authorities in giving effect to their

wp_40227_2018 CKR, J statutory obligations. The orders of disqualification visited upon the petitioners by the Commission are accordingly set aside. The w rit petitions are allow ed. Pending miscellaneous in this batch of cases, if any, shall stand closed in the light of this final order. No order as to costs"

4.

Accordingly, in the light of the orders passed in W.P.No.2630 of 2018 and batch, dated 20.03.2019, and for the reasons alike, this writ petition is also allowed. No costs. Miscellaneous petitions, if any pending, shall stand closed.

______________________________ JUSTI CE CHALLA KODANDA RAM 18th April, 2019 KSM

wp_40227_2018 CKR, J THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.40227 of 2018 18th April, 2019 KSM