Citation : 2025 Latest Caselaw 6343 Tel
Judgement Date : 7 November, 2025
THE HON'BLE SRI JUSTICE K. LAKSHMAN
AND
THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY
W.A. No.1221 of 2025
JUDGMENT:
(Per Hon'ble Sri Justice K.Lakshman)
Heard Sri Rajkumar Gummi, learned counsel for the
appellant, learned Government Pleader for Municipal
Administration for respondent No.1, Sri M.Srikanth Reddy, learned
Standing Counsel for respondent Nos. 2 to 4 and Sri Madhava Rao
Ambadipudi, learned counsel for respondent No.5.
2. The unsuccessful writ petitioner has filed the present intra-
court appeal under Clause 15 of Letters Patent.
3. Writ Petitioner filed W.P.No.22021 of 2025 against the
respondents to set aside the election notification No.TGIIC-
IALA/UPPAL/Elections/2025-28, dated 15.07.2025, to declare the
eligible voter list published with the said notification as illegal, to
declare that the TGIIC lacks statutory competence to conduct such
elections in the absence of explicit authorization post
G.O.Ms.No.196, dated 21.01.2017 and to direct the respondents to
produce any such legal instrument, if any, and to pass other orders.
4. Respondents 2 to 4 and 5 have filed counters in the said writ
petition.
5. Vide order dated 15.10.2025, learned Single Judge dismissed
the said writ petition holding that once the election process is set
on motion, any challenge relating to conduct or validity of the
election cannot be entertained under Article 226 of the Constitution
of India.
6. As discussed supra, petitioner sought to declare that the
respondent Nos.2 to 4, i.e., TGIIC lacks statutory competence to
conduct such elections in the absence of explicit authorization post
G.O.Ms.No.196, dated 21.01.2017. Petitioner also placed reliance
on the G.O.Ms.No.196, dated 21.01.2017 and circular dated
21.10.2016 issued by the 3rd respondent to contend that the said
elections were conducted pursuant to circular dated 21.10.2016
which was repealed vide G.O.Ms.No.196, dated 21.01.2017.
However, the said aspects were not considered by the learned
Single Judge in the impugned order.
7. Learned counsel for the appellant, learned Government
Pleader for Municipal Administration & Urban Development,
learned Standing Counsel appearing for respondent Nos.2 to 4 and
learned counsel appearing for respondent No.5 did not dispute the
said fact.
8. In the light of the same, with the consent of learned counsel
for the appellant, learned counsel appearing for respondent Nos.2
to 4 and 5, the impugned order dated 15.10.2025 in W.P.No.22021
of 2025 passed by the learned Single Judge is set aside and the
matter is remitted back to learned Single Judge to decide all the
issues raised by the parties in the aforesaid Writ Petition. Liberty is
granted to the writ petitioner to seek expeditious disposal of the
said writ petition.
9. Accordingly, Writ Appeal is allowed. Miscellaneous
applications pending, if any, shall stand closed. There shall be no
order as to costs.
_________________ K. LAKSHMAN, J
_________________________________ VAKITI RAMAKRISHNA REDDY, J 07th November, 2025.
kvs
THE HON'BLE SRI JUSTICE K. LAKSHMAN AND THE HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY
07th November, 2025.
KVS
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