Smt.Venkata Lakshmamma vs The State Of Telangana
2022 Latest Caselaw 4413 Tel

          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.

::3::

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