Janga Ramesh Reddy vs The State Of Telangana And 7 Others
2021 Latest Caselaw 2401 Tel

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

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