[Cites 3, Cited by 0]
Telangana High Court
Smt. Soyam Sameera vs The State Of Telangana on 25 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
*****
WRIT PETITION No.8764 of 2026
Between:
Smt.Soyam Sameera
...Petitioner
AND
The State of Telangana,
rep. by its Principal Secretary,
Panchayat Raj & Urban Development Department,
Secretariat, Hyderabad & others.
...Respondents
Date of Judgment Pronounced: 25.03.2026
SUBMITTED FOR APPROVAL:
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
1. Whether Reporters of Local newspapers may (Yes/No)
be allowed to see the Judgments?
2. Whether the copies of judgment may be marked to Law
Reports/Journals? (Yes/No)
3. Whether their Lordship/ Ladyship wish to see the fair copy of the
Judgment? (Yes/No)
_______________________
JUSTICE E.V.VENUGOPAL
2
EVV,J
W.P.No.8764_2026
* THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
+ WRIT PETITION No.8764 OF 2026
% Dated 25.03.2026
# Smt.Soyam Sameera
D/o.Soyam Suresh
... Petitioner
$ The State of Telangana & 5 others
... Respondents
! Counsel for Petitioners: Sri Rapolu Bhaskar
^ Counsel for Respondent Nos.1 to 5:Sri Ashok Kumar,
AGP for Panchayat Raj
^ Counsel for Respondent No.6 : Ms.M.Rajeshwari
<GIST:
> HEAD NOTE:
? Cases referred
3
EVV,J
W.P.No.8764_2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.8764 of 2026
DATE OF ORDER:25.03.2026
Between:
Smt.Soyam Sameera
...Petitioner
AND
The State of Telangana,
rep. by its Principal Secretary,
Panchayat Raj & Urban Development Department,
Secretariat, Hyderabad & others.
...Respondents
ORDER:
-
1. This Writ Petition is filed seeking an order or direction in the
nature of Writ of Mandamus declaring the action of respondent No.4
in issuing the impugned proceedings vide Lr.No.H/225/2026, dated
12.03.2026, disqualifying the petitioner from the post of Sarpanch,
who was elected as Sarpanch to Dhorapally Village, Sirpur-T
Mandal, Komarambheem Asifabad District, without having
jurisdiction and without following Sections 27 and 28 of The
Telangana Panchayat Raj Act, 2018 and by colluding with
respondent No.6, as illegal and arbitrary and consequently to direct
EVV,J
W.P.No.8764_2026
respondent No.4 not to disqualify the petitioner from the post of
Sarpanch to Dhorapally Village, Sirpur-T Mandal, Komarambheem
Asifabad District.
2. Heard learned counsel for the petitioner, learned Assistant
Government Pleader for Panchayat Raj and learned counsel for
unofficial respondent No.6. Perused the record.
3. Learned counsel for the petitioner would submit that the
impugned proceedings vide Lr.No.H/225/2026 dated 12.03.2026,
which are under challenge in this Writ Petition, have been issued by
the official respondent No.4 stating that the petitioner had not
attained the mandatory age of 21 years by the date of nomination to
contest the election for the post of Sarpanch by relying upon the
Memorandum of Marks of Secondary School Certificate and the
Bonafide Certificate issued by the Board of Secondary School
Education and accordingly, declared the petitioner as unqualified for
the post of Sarpanch of Dhorpally Gram Panchayat, Sirpur-T
Mandal, Kumuram Bheem Asifabad District, by referring to
G.O.Ms.No.4, dated 29.01.2019 of The Telangana Panchayat Raj
(Authority and Manner to dispose election petitions in respect of
Gram Panchayats, Mandal Praja Parishads and Zilla Praja
Parishads) Rules, 2018.
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W.P.No.8764_2026
4. Learned counsel for the petitioner had taken serious
objections to the said impugned proceedings and would submit that
Part-II of G.O.Ms.No.4 had categorically explained the expressions
"Senior Civil Judge" and "Junior Civil Judge" shall in relation to the
Scheduled Areas mean the 'Agency Divisional Officer'. In the instant
case, the Revenue Divisional Officer himself has assumed the
charge of The Agency Divisional Officer and without there being any
power conferred upon the said authority to act as Agency Divisional
Officer, the 4th respondent has issued the subject impugned
proceedings, which is improper, arbitrary and unconstitutional.
Learned counsel contended that based on the Photostat copies of
the Bonafide Certificate issued by the Head Master of TWPS,
Buruguda, Bejjum Mandal, Asifabad District vide admission No.27,
dated 19.12.2025 and the Memorandum of Marks of Secondary
School Certificate being supplied by the unofficial respondent No.6,
issued the impugned proceedings unilaterally without following the
procedure as contemplated under law which amounts to abuse of
process of law as none of the officials of the Board of Secondary
School Education or the concerned School Authorities have been
examined. He therefore prayed to set aside the said proceedings.
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W.P.No.8764_2026
5. Per contra, the learned Assistant Government Pleader for
Panchayat Raj would submit that the petitioner has filed this Writ
Petition under misconception as the terms and conditions of
G.O.Ms.No.4, dated 29.01.2019 are quite clear wherein Part-II of the
Explanation, it is clearly mentioned that "Senior Civil Judge and
Junior Civil Judge shall in relation to the Scheduled Areas mean the
Agency Divisional Officer" and in the agency area, the Divisional
Officer is none other than the Revenue Divisional Officer, who has
been officiating as Agency Divisional Officer -cum- Revenue
Divisional Officer and since the designation has been categorically
defined in the said Part-II of G.O.Ms.No.4, dated 29.01.2019,
therefore, by no stretch of imagination, it can be said that the
impugned proceedings issued by respondent No.4 do not suffer from
irregularity. He further submitted that as far as the factual aspects
are concerned, it is open to the petitioner to challenge the same
before the competent authority as specified under law. The factual
aspects do not hold any merit as Section 28 of the Telangana
Panchayat Raj Act, 2018 (for short, 'the Act') clearly stipulates that
"No order passed or proceedings taken under the provisions of this Act
shall be called in question in any Court, in any suit, or application, and no
injunction shall be granted by any Court, except the Gram Panchayat
Tribunal or a District Court in respect of any action taken or about to be
EVV,J
W.P.No.8764_2026
taken in pursuance of any power conferred by or under this Act". In so
far as maintainability of the Writ petition is concerned, learned AGP
relied upon Section 242 of the said Act wherein it is held that "No
election held under this Act shall be called in question except by an
election petition presented to such authority and in accordance with such
rules as may be made in this behalf." By stating so, he submitted that
the writ petition itself is bereft of technical aspects and is not
maintainable. The petitioner, instead of filing appropriate Election
Petition challenging the said impugned order, has rushed to this
Court and filed the present Writ Petition, which is improper and is not
in accordance with law and hence, requested to dismiss the same.
6. Taking the clue from the learned AGP for Panchayat Raj,
learned counsel for the unofficial respondent No.6 would
categorically submit that no impropriety can be attributed to the
impugned proceedings as they have been issued after conducting
due enquiry and granting opportunity to the petitioner as well as
Government and it is undisputed fact that the SSC certificate is
admitted evidence in so far as the Date of Birth is concerned and it is
not denied that the SSC Certificate is not that of the petitioner herein
in the impugned proceedings issued by the official respondent No.4
and since the unofficial respondent stood second in the election
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process, the official authority ought to have declared the unofficial
respondent as elected Sarpanch to the office of the Sarpanch of
Dhorpally Gram Panchayat, Sirpur-T Mandal, Kumuram Bheem
Asifabad District since it has been found that the petitioner, due to
her ineligibility, could not have been continued in the office. She also
submitted that at the preliminary stage itself, the nomination of the
petitioner ought to have been dismissed by the said authority.
However, she would submit that nothing would persist in the Writ
Petition for further adjudication. By stating so, she requested to
dismiss the Writ Petition.
7. Having heard learned counsel for the petitioner, learned
Assistant Government Pleader for Panchayat Raj and learned
counsel for unofficial respondent No.6 and upon examination of the
material placed before this Court, the questions that arise for
consideration before this Court are as under :-
(i) Whether the impugned proceedings issued by respondent
No.4 are in accordance with law or not?
(ii) Whether the facts or merits mentioned in the said
impugned proceedings are in accordance with law or not ?
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W.P.No.8764_2026
8. In so far as Point No.(i) is concerned, this Court relies upon
Sections 28 and 242 of the Telangana Panchayat Raj Act, 2018
which read as under:-
"28. No order passed or proceedings taken under the provisions
of this Act shall be called in question in any Court, in any suit, or
application, and no injunction shall be granted by any Court,
except the Gram Panchayat Tribunal or a District Court in respect
of any action taken or about to be taken in pursuance of any
power conferred by or under this Act".
"242. No election held under this Act shall be called in question
except by an election petition presented to such authority and in
accordance with such rules as may be made in this behalf."
9. In view of the above, it can be said that filing the Election
Petition alone is the remedy available to the candidates who had
contested in the elections. In the instant case, the petitioner, being
aggrieved by the impugned proceedings, has filed the present Writ
Petition where the statute does not permit this Court to entertain
such kind of Writ Petitions and in so far as the factual aspects are
concerned, they ought to have been agitated by the petitioner before
the appropriate authority by invoking Section 242 of the Telangana
Panchayat Raj Act, 2018 and in so far as the Agency Development
Officer is concerned, G.O.Ms.No.4, dated 29.01.2019 issued by the
1st respondent clearly explains the powers that have been conferred
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W.P.No.8764_2026
in so far as the agency areas are concerned. That itself would infer
that a Revenue Divisional Officer is none other than the Agency
Divisional Officer. In so far as election to the office of the Village
Sarpanch is concerned, since the said village at Sl.No.13 falls under
the scheduled agency area of Gazette Notification No.13, dated
22.11.2025, issued by the Collector and District Election Authority,
Kumuram Bheem, Asifabad, the remedy available to the petitioner is
only filing of appropriate petition before the appropriate authority and
this Court does not find any merit to entertain the present writ
petition and deems it appropriate to dismiss the same.
10. Accordingly, the Writ Petition is dismissed. However, this
Court does not preclude the petitioner to work out her appropriate
remedies available under law. There shall be no order as to costs.
11. Miscellaneous petitions pending, if any, shall stand closed.
_______________________
JUSTICE E.V.VENUGOPAL
Dt.25.03.2026
Note:LR copy to be marked
ysk
