Point of Law :
word “election” appearing in Article 243-O and the provisions contained in the 1994 Act and the rules framed thereunder bears larger connotation. It embraces and includes all steps commencing from the date of notification by the Competent Authority, whereby the electorates are called upon to elect Sarpanchas and Ward Members and ending with declaration of result. Reservation of offices of Sarpanch and Wards in favour of Scheduled Castes, Scheduled Tribes, Backward Classes and Women, preparation, printing and publication of electoral rolls (provisional and final), filing of nomination papers, scrutiny of nomination papers and withdrawal thereof, publication of the list of eligible candidates, allotment of symbols, appointment of election agents, the conduct of poll, counting of votes, declaration of results and all other ancillary steps taken for the purpose of holding elections fall within the ambit of the term “election

ORDER :

1. In these two writ petitions, petitioners challenge notification No. 3038/TSEC-ULBs/ 2019 dated 23.12.2019 issued by State Election Commission specifying the schedule of election to the Urban Local Bodies. As the issue in these two writ petitions is the same, the writ petitions are disposed of by the common order.

2. Heard learned senior Counsel for Petitioners Sri. D. Prakash Reddy and Sri. S. Satyam Reddy, learned Additional Advocate General and learned senior counsel Sri. C.V. Mohan Reddy for State Election Commission.

3. THE BACKGROUND FACTS TO THE EXTENT RELEVANT ARE AS UNDER:

3.1 The term of existing municipalities expired on 2.7.2019. In the meantime several new municipalities/municipal corporations are also formed. As of now there are about 120 municipalities and 10 municipal corporations in the State of Telangana, excluding Hyderabad Municipal Corporation. As per the mandate of the Constitution of India elections have to be held to elect the municipal councils even before the term of the elected body of the Municipality is over. Telangana Municipalities (Division of Municipalities into Wards) Rules, 2019 were notified vide G.O.Ms. No. 78 Municipal Administration (Urban Development) Department dated 29.6.2019. These Rules deal with various aspects of delimitation/organization of wards/ publication/voters strength of the wards etc. G.O. Rt. No. 459 Municipal Administration and Urban Development (MA) Department dated 29.6.2019 was issued directing the Director of Municipal Administration to commence the process of delimitation of wards for various municipalities. In response, on 2.7.2019 draft publication was issued, proposing the delimitation of wards. On 7.7.2019 final publication of wards was issued. Alleging that several illegalities are committed in the pre-election process undertaken by the respondents, batch of writ petitions are filed. This Court having noticed several infirmities in formation of wards clockwise, equitable distribution of the population/ voters strength in the wards etc. granted interim direction staying the election process. However, liberty was granted to remedy the infirmities noticed by the Court and to continue the election process. The writ petitions were finally disposed of by order dated 29.11.2019. After disposal of the batch of writ petitions, G.O. Rt. No. 795 dated 2.12.2019 was issued by the Government directing the Director of Municipal Administration to commence afresh the process for fixing and delimitation of wards for various municipalities. The Government order prescribed schedule for undertaking the exercise. On 23.12.2019, the State Election Commission issued Notification No. 1244/TSECULBs/ 2019 indicating the commencement of election schedule. On 24.12.2019, Director of Municipal Administration issued proceedings providing for schedule for identification and preparation of list of scheduled tribes, scheduled castes, backward classes and women voters. At this stage, these two writ petitions are filed.

4. LITIGATION TIMELINE:

4.1 Before recording the submissions of learned senior counsel appearing for petitioners, learned senior counsel Sri. C.V. Mohan Reddy appearing for State Election Commission and learned Advocate General for the State, briefly the litigation history is noted hereunder.

4.2 W.P. No. 10570 of 2019 was instituted by Telangana State Election Commission praying to declare the action of the State Government in not confirming the delimitation of the wards, not notifying the reservation of the seats to the urban local bodies whose term would expire on 2.7.2019 as illegal and unconstitutional.

4.3 W.P. No. 10978 of 2019 was instituted by Telangana State Backward Classes Welfare Association alleging inaction in conducting elections to the municipal corporations and municipalities by not preparing the electoral rolls, delimitation of wards, not publishing ward-wise electoral rolls, not finalizing the reservations, not setting up of polling stations etc.

4.4 Person b