Item No.22
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.378 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by the order dated
21.06.2021 passed by the learned Single Judge in W.P.No.13677 of
2021 filed by him, challenging the action of the respondents of
disqualifying him as a Sarpanch, without passing any orders on I.A.No.1 of 2021 i.e., the stay application moved by him along with the writ petition.
2. Learned counsel for the appellant states that in the meantime, the District Collector has passed an order dated 07.07.2021, directing that in view of the vacancy to the post of Sarpanch on the appellant/ writ petitioner being disqualified, the Upa Sarpanch may step in. He states that an application (I.A.No.2 of 2021) for seeking amendment of the writ petition to bring on record the consequential events was filed by the appellant in July, 2021, but the same has not been listed so far.
3. Learned counsel for the respondent No.2/Telangana State Election Commission states that in the month of February, 2021 an order was passed by the learned Single Judge in W.P.No.7053 of 2021 directing that the said petition and all other connected matters may be placed before a Division Bench to resolve the diversity of view W.A.No.378 OF 2021 Page 1 of 2 2 expressed by two learned Single Judges of this court on the aspect of disqualification of candidates for non-filing of election expenses and the writ petition filed by the appellant has also been directed to be tagged. Referring the matter to the Division Bench for resolving a dichotomy of view expressed by the two learned Single Judges of this court cannot be an impediment for the learned Single Judge to pass appropriate interim orders in the respective writ petitions.
4. The present appeal is disposed of along with the pending applications, if any, with a direction to the Registry to list I.A.Nos.1 and 2 of 2021 before the learned Single Judge on 26.10.2021, for consideration and appropriate orders.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 17.08.2021 Lrkm W.A.No.378 OF 2021 Page 2 of 2