Point of Law :
Supreme Court has cautioned the High Court to act with reluctance, and not to invoke its power of judicial review unless there is “a clear and strong case for its intervention having been made out by raising the pleas with particulars and precision, and supporting the same by necessary material”. However, in the present case, the petitioner has not submitted any particulars, or with any supporting material to show that due to hot-haste, the interest of the electorate, or of a candidate has been affected prejudicially. In the absence of cogent and convincing evidence, the presumption of mala fide or of arbitrariness cannot be drawn by this Court.

ORDER :

RAGHVENDRA SINGH CHAUHAN, J.

1. Aggrieved by the Notification dated 23.12.2019 issued by the Telangana State Election Commission (‘the Commission’, for short), respondent No.3, whereby the Commissioner has invoked its powers under Articles 243-K, and 243-ZA of the Constitution of India, read with Section 195 of the Telangana Municipalities Act, 2019 (the Act, for short), thereby notifying the election schedule for conducting of the ordinary elections to the Municipalities and Municipal Corporations, the petitioner has challenged the same before this Court.

2. This case has a rather chequered history, which is as under:-

The last elections to the Municipalities and Municipal Corporations were held in March, 2014. The term of the said Municipalities and Municipal Corporations expired on 02.07.2019/04.07.2019 respectively.

3. By letter dated 15.09.2018, the Commission informed the State Government that the terms of the Municipalities and Municipal Corporations will expire in July, 2019. Therefore, a tentative schedule of events for conducting of elections needs to be drawn up by 31.05.2019. It also requested the Government to instruct the statutory authorities/officials so that they can accomplish their tasks in time.

4. By letter dated 02.02.2019, the Commission informed the Government to complete the process of delimitation of Wards by 22.02.2019. It further informed the Government that it is planning to complete the publication of Electoral Rolls by March, 2019, and to tentatively hold the elections in May, 2019. However, by letter dated 12.03.2019, the State Government requested the Commission to extend the date for publication of Ward-wise Electoral Rolls in the Municipalities. For, the Government was contemplating to bring in a new Municipalities Act, 2019. Considering the request made by the Government, the Commission informed the Municipal Commissioners to put on hold the preparation and publication of Ward-wise Electoral Rolls. Simultaneously, the Commission informed the State Government that it still plans to hold the elections on 31.05.2019. For, the Commission is duty bound to complete all the Municipal elections by 30.06.2019. Despite the said letter, the State Government did not initiate the election process.

5. Since the Government did not initiate the election process, the Commission filed a writ petition before this Court, namely W.P.No.10570 of 2019, challenging the inaction of the State Government in not confirming the delimitation of Wards, and in not notifying the reservation of seats for the urban local bodies, whose term was due to expire on 02.07.2019.

6. By order dated 25.06.2019, a learned Single Judge of this Court recorded the time schedule as specified by the State Government, and directed that the pre-election process should be completed within 109 days. The Commission, in turn, was directed to complete the election process within thirty days after the pre-election process was completed by the State Government.

7. As mentioned hereinabove, the terms of the Municipalities and Municipal Corporations expired on 02.07.2019 and 04.07.2019. Therefore, no municipal elections have been held in the State since 04.07.2019. Thus, the Municipalities and Municipal Corporations do not have any elected ward members presently.

8. In consonance with the directions issued by the learned Single Judge to the Government, and the Commission, on 03.07.2019, the Commission issued a Notification notifying 18.07.2019 as the date for publication of the Photo Electoral Rolls of all the Wards of Municipalities. Subsequently, by Notification dated 06.07.2019, the date for final publication of the Ward-wise Photo Electoral Rolls was preponed to 14.07.2019.

9. Since some persons were aggrieved by the delimitation of the Wards, a large number of writ petitions were filed before this Court. A learned Single Judge of this Court staye