THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.No. 569 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Ponnam Ashok Goud, learned counsel for the
appellant; Mr. T.Srikanth Reddy, learned Government Pleader for
Law and Legislative Affairs appearing for respondent No.1;
Ms. Priyanka Singh, learned counsel representing Mr. P.Sudheer Rao, learned Standing Counsel for respondent No.2- Telangana State Election Commission; and Mr. C.Kalyan, learned Standing Counsel for Gram Panchayat appearing for respondent No.3.
2. Petitioner had contested the election for the post of Sarpanch of Gram Panchayat from Bheemavaram constituency of Alampur Mandal, Jogulamba-Gadwal District. However, when the results were declared on 30.01.2019, petitioner was defeated. Thereafter, petitioner contested for the post of Mandal Parishad Development Officer (MPDO) in the month of May, 2019 and was elected as such. However, respondent No.2 vide proceedings dated 28.01.2021 declared the appellant as ineligible for contesting ::2::
future elections for a period of three years, in exercise of powers conferred on him under Section 238 of Telangana Panchayat Raj Act, 2018 read with Rules 106(3) and 106(7) of Telangana Panchayat Raj (Conduct of Election) Rules, 2018.
3. The above disqualification has been made on the ground that appellant did not submit expenditure relating to the election for the post of Sarpanch, result of which was declared on 30.01.2019.
4. Assailing the above disqualification order dated 28.01.2021, petitioner has filed W.P.No.32170 of 2021 before this Court. This Court had issued notice on 06.12.2021.
5. Learned counsel for the appellant submits that appellant has filed an interlocutory application being I.A.No.1 of 2021 for stay of the disqualification order dated 28.01.2021.
6. Without entering into any contentious issue, we are of the view that ends of justice would be met if I.A.No.1 of 2021 is heard and decided by the learned Single Judge at an early date.
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7. Accordingly, we request the learned Single Judge to take on board I.A.No.1 of 2021 in WP.No.32170 of 2021 and hear the same at an early date.
8. Registry is directed to list IA.No.1 of 2021 in W.P. No.32170 of 2021 before the learned Single Judge on 20.09.2022.
9. With the aforesaid, the writ appeal is disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 06.09.2022 LUR