Telangana High Court
WP/28914/2019 of Smt. Mekala Anjali Vs The State of Telangana on 30 December 2019
SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28914 OF 2019 Date:30.12.2019 Between: Smt. Mekala Anjali, And another .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and others ..
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.28914 OF 2019
Date:30.12.2019 Between: Smt. Mekala Anjali, And another .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:
THE HON’ABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.28914 OF 2019
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ORDER:
Petitioners contested as Members to Ward Nos.27 and 17, respectively, of Ramagundam Municipal Corporation in the elections held in the year 2014. Alleging that petitioners did not file election expenditure, orders were passed by the Telangana State Election Commission declaring the petitioners as ineligible for three years from the date of issue of the order to contest any election to be held for any office under the provisions of the Telangana Municipalities Act, 1965.
2. Heard learned counsel for the petitioners and learned counsel representing the State Election Commission. Learned counsel appearing for the State Election Commission agrees that the subject matter of the Writ Petition is covered by the decision of learned single Judge of this Court rendered in W.P.No.2630 of 2018 and batch on 20.03.2019.
3. From the reading of the order impugned, it is apparent that no prior notice was issued before passing such order and notice was not issued within reasonable time from the date of conclusion of election process.
4. In W.P.No.2630 of 2018 and batch, dated 20.03.2019, learned single Judge of this Court considered the issue in detail and held such action of the State Election Commission in disqualifying the candidates on the ground that they did not file election expenditure in the elections held in the year 2014 after long lapse of time as illegal, and amounts to arbitrary exercise of power, and set aside the similar orders passed against the petitioners therein.
5. Following the earlier orders of this Court, this Writ Petition is also allowed by setting aside the order impugned. Pending miscellaneous petitions, if any, shall stand closed.
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P.NAVEEN RAO, J
Date:30.12.2019
KH