Telangana High Court
EP/19/2019 of Tammannagari Ram Mohan Reddy Vs K. Mahesh Reddy on 29 December 2023
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE ABHINANO KUMAR SHAVILI ELECTION PETITION No: 19 of 2019 Between: Tammannagari Ram lrilohan Reddy, S/o. Late T. Rama Krishna Reddy, Aged about
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SRI JUSTICE ABHINANO KUMAR SHAVILI
ELECTION PETITION No: 19 of 2019
Between:
Tammannagari Ram lrilohan Reddy, S/o. Late T. Rama Krishna Reddy, Agedabout 53 years, Occ: Social Work Ryo. H.No.1 -42, Shivareddypalle Village DomaMandal, Vikarabad District.
...Petitioner
AND
1. K. Mahesh Reddy, S/o. K. Harishwar Reddy, Aged about 45 years, Rl/oH.No.10-12, Pargi, Vikarabad District.H.No.10-12, Pargi, Vikarabad District.
2. B. Kiran Kumar, S/o Hanumaiah, Aged about 42 yearc R/o H.No.4-12-260/AGangaram, Vikarabad District.Gangaram, Vikarabad District.
3. Karanam Prahalad Rao, S/o. Late Karanam Venkat Rao, Aged about 59years R/o H.No.3-55, Kulkacherla Village and Mandal Vikarabad District.years R/o H.No.3-55, Kulkacherla Village and Mandal Vikarabad District.
4. Amir Aslam Ahmed Khan, S/o. Late Amir Akbar Khan, Aged about 49 yearsR/o. H.No.9-4-1 35/8/29, Raghava Colony Tolichowki, Hyderabad.R/o. H.No.9-4-1 35/8/29, Raghava Colony Tolichowki, Hyderabad.
5. Pathlavath Gattyanaik, S/o. Pathlavath Sevyanayak, Aged about 33 yearsR/o. 5-21lA, Dirsampally Village Doma Mandal, Vikarabad District.R/o. 5-21lA, Dirsampally Village Doma Mandal, Vikarabad District.
6. Koninti Mallesham, S/o Late Raiappa, Aged about 55 years Fyo. H.No.3-1 1,Manchanpally Village Pudur Mandal, Vikarabad District.Manchanpally Village Pudur Mandal, Vikarabad District.
7. Madaram Venkataiah, S/o. Pentaiah, Aged about 38 years F/o. H.M.3{2,Mittakodur Village Pargi Mandal, Vikarabad District.Mittakodur Village Pargi Mandal, Vikarabad District.
8. Pothireddypally Ramanna, S/o. Pothireddypally Bheemaiah, Aged about 45years R/o. H.No.4-36(old) 6-54 (New), Bompally Village Doma Mandal,Vikarabad District.years R/o. H.No.4-36(old) 6-54 (New), Bompally Village Doma Mandal,Vikarabad District.
9. Emangari Anjalaiah, S/o- Chennappa, Aged about 62 years, Fl/o. H.No.1-10-298i6, Brahmanwadi Begumpet, Hyderabad.298i6, Brahmanwadi Begumpet, Hyderabad.
10.G. lrlallesham Goud, S/o. Yellaiah Goud, Aged about 42 years, R/ o.Gongupally Village, Pudur Mandal Vikarabad District.Gongupally Village, Pudur Mandal Vikarabad District.
11. Mukunda Nageshwar, S/o. Shivaiah, Aged about 39 years Fl/o. H.No.7-89,Pargi, Vikarabad District.Pargi, Vikarabad District.
12, The Electoral Registration Officer, and Returning Officer [for ][Parigi ][- ][54]Assembly Constituency (Revenue Divisional Officer,) [Vikarabad ][Vikarabad]District.Assembly Constituency (Revenue Divisional Officer,) [Vikarabad ][Vikarabad]District.
13. Election Commission of lndia, Through Chief [Electoral Officer, State ][of]Telangana H BLOCK, Secretariat, Saifabad, [Hyderabad.]Telangana H BLOCK, Secretariat, Saifabad, [Hyderabad.]
14. The District Election Officer and District [Collector, ]Siddipet [District.]
...Respondents
Election Petition Under Sections 33, 33 (A) 34, 36, 80, 80A, [81 ], 83, 84, [100 ][(1)](b) & (d)(iii) of the Representation of the People Act, 1951 & The Rules madethere under read with rules to regulate the Trial of Election Petitions [issued ][by]the High Court of Telangana at Hyderabad [praying ]that this Hon'ble Court [may]be pleased to:
(i) Declare that the election of the 1't respondent as the returnedcandidate from S4-Pargi Assembly Constituency, Vikarabad District,Telangana Sate, in the Assembly General Elections held on 07-12-2018 as void and set aside the same.;candidate from S4-Pargi Assembly Constituency, Vikarabad District,Telangana Sate, in the Assembly General Elections held on 07-12-2018 as void and set aside the same.;
(ii) Declare that the petitioner a duly elected from 54-Pargi AssemblyConstituency, Vikarabad District, Telangana State, in the AssemblyGeneral Elections held on 07-12.2018;Constituency, Vikarabad District, Telangana State, in the AssemblyGeneral Elections held on 07-12.2018;
(iii) Direct the respondent No.12 to count the paper trail of votes asrecorded by the Voter Verifiable paper Audit Trial (WPATS) of 54-Pargi Assembly Constituency, Vikarabad District, Telangana State, inthe Assembly General Elections held on 07-12-2018;recorded by the Voter Verifiable paper Audit Trial (WPATS) of 54-Pargi Assembly Constituency, Vikarabad District, Telangana State, inthe Assembly General Elections held on 07-12-2018;
(iv) To award cost of this Election petition from the 1't respondent.
lA NO: 2 OF 2019
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be [pleased ]toStrike off the names of Respondent No. 12 (Electoral Registration Officer andReturnrng Officer) and Respondent No. 14 (District Election Officer) from thearray of Respondents in the aforesaid Election Petition.
lA NO: 1 OF 2O2o
Petition under Order Vl. Rule 16(a)(b)(c), Order Vll, Rule 11 (aXd), R/wSection ['151 ]of Civil Procedure Code, 1908 and under Sections 81, 83(1)(a),86(1) and 100(lXdXiv) of the Representation of the People Act, 1951 [praying]that in the circumstances stated in the affidavit filed in support of the [petition, ]the High Court may be pleased to allow the lA and by dismissing the ElectionPetition No.1 I of 2019Petition No.1 I of 2019
Counsel for the Petitioner: SRI C. DAMODAR REDDY
Counsel for the Respondent No.1: SRI M. RAJENDER REDDY
Counsel for the Respondents No.12, 13 & 14:, SRI AVINASH DESAI
Counsel for the Respondents No.2 to 11 : ---- The Court made the following: ORDER
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILIELECTION PETITI ON No.19 oF 2019
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Learned counsel for the [petitioner ]has [inFormed ]the [Court]that the subject matter of the E.P. has become [infructuous.]
2. Recording the same, the E.P. is dismissed as infructuous.There shall be no order as to costs.
Miscellaneous Petitions, if any, [pending ]shall stand closed To, Sd/. K. SRINIVASA RAOJOINT REGISTRARII(t'.lSECTION OFFICER
//TRUE COPY//
1- The Election Commission of [lndia, Nirvachansadan, Ashika Road' ][New ][Delhi-]110001110001
2. The Chief Electoral Officer, [State ][of ][Telangana, ]['H'Block, ][South ][Wing ][GA](Elections) Dept., Secretariat, Hyderabad-500022.(Elections) Dept., Secretariat, Hyderabad-500022.
3, The Electoral Registration [Officer, ][and ][Returning Officer ][for ][Parigi ][- ][54]Assembly ConstitJency [(Revenue Divisional ][Officer, ]) [Vikarabad ][Vikarabad]District-Assembly ConstitJency [(Revenue Divisional ][Officer, ]) [Vikarabad ][Vikarabad]District-
4. The Election Commission of [lndia, ][Through Chief ][Electoral ][Offrcer, ][State of]Telangana H BLOCK, Secretariat, [Saifabad, ][Hyderabad.]Telangana H BLOCK, Secretariat, [Saifabad, ][Hyderabad.]
5. The District Election [Officer ][and District Collector, Siddipet ][District]
6. The Secretary, Telangana [State ][Legislative ][Assembly, Nampally, ][Hyderabad ][']
7. One CC to SRI C. DAMODAR [REDDY, ][Advocate ][OPUC]
8. One CC to SRI M. RAJENDER [REDDY, ][Advocate ][OPUC]
9. One CC to SRI AVINASH [DESAI, ][Advocate ][OPUC]
10. Two CD Coptes
HIGH COURT
DATED:2911212023
ORDEREP.No.19 of 2019
THE E.P. 1S DISMISSEDAS INFRUCTUOUS
sTAT€oA1:)qj r nNh.r2$2\o1?'oo-l-ti oeseal