2020 Supreme(Telangana) 640
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
G. Sri Devi, J.
Pratapa Ramakrishna - Appellant
Versus
Rajendra Sharma Madhu And Others - Respondent
Civil Revision Petition No. 695 of 2020
Decided On : 01-10-2020
P.V. Nagamani, Advocate
Headnote:
Constitution of India - Article 227 - Telangana Municipalities Act, 2019 - Section 233, Section 11 (2) - Telangana Municipalities (Election Petitions) Rules, 2020 - Rule 4 - Seeking the following reliefs: (1) To declare election of 1st respondent as Returned Candidate - (2) To declare the 1st respondent as disqualified to hold the post of Vice-Chairman of Municipality is void and illegal; and (3) To declare the petitioner as Returning Candidate for Municipality – Held, subject matter is pertaining to the election of the 1st respondent as Councillor of Municpality and his subsequent election as Vice Chairman of Municipality and in view of Rule 4 of Telangana Municipalites (Election Petition) Rules, 2020, Principal District Judge shall have jurisdiction to entertain the election petitions, the order of Principal District Judge in C.F., in returning the Election O.P. for presentation before the proper Court is not sustainable - Civil Revision Petition is allowed
JUDGMENT
G Sri Devi, J. - The present Civil Revision Petition is filed under Article 227 of the Constitution of India, aggrieved by the order, dated 10.03.2020 passed in C.F.No.555 of 2020 (Election O.P.) by the Principal District Judge, Karimnagar, wherein the Election Petition O.P. filed under Section 233 of the Telangana Municipalities Act, 2019 was returned.
2. The facts in issue are as under:
3. The petitioner herein filed Election O.P. under Section 233 of the Telangana Municipalities Act, 2019 read with Rule 3 of the Telangana Municipalities (Election Petitions) Rules, 2020 before the Principal District Judge, Karimnagar, seeking the following reliefs:
(1) to declare the election of the 1st respondent on 25.01.2020 as Returned Candidate for Ward No. 23 of Vemulawada Municipality, Rajanna Siricilla District as void;
(2) to declare the 1st respondent as disqualified to hold the post of Vice-Chairman of Vemulawada Municipality, Rajanna Siricilla District, is void and illegal; and
(3) to declare the petitioner as Returning Candidate for Ward No.23 of Vemulawada Municipality, Rajanna Siricilla District.
4. The Office of the Principal District Judge, Karimnagar, has raised an objection stating that the District Judge was not having any territorial jurisdiction as the matter pertaining to Vemulawada Municipality, which comes under the territorial jurisdiction of IX Additional District Judge, Sircilla and returned the said Election O.P. Thereafter, the petitioner re-presented the same before the learned Principal District Judge, Karimnagar, which was returned stating therein that the said Court is not having jurisdiction in view of G.O.Ms.No.346, Law (l.A. LE & J-Home Courts-C) Department, dated 16.02.20212. Challenging the same, the present Civil Revision Petition has been filed.
5. Since the case is not registered issuance of notice to the respondents is not necessary. Hence, heard the learned Counsel for the petitioner and perused the record.
6. Learned Counsel for the petitioner would submit that as per Rule 4 (a) and (b) of the Telangana Municipalities (Election Petition) Rules, 2020, it is very clear that the Principal District Judge is only competent to entertain the election petitions as there are number of District Judges in the District. She further submits that the learned Principal District Judge, Karimnagar, has erroneously returned the Election O.P. without appreciating the rule position and prayed to allow the revision.
7. Before proceeding further it would be relevant to extract Section 233 of the Telangana Municipalities Act, 2019, which reads as under:
"233. Election Petitions: (1) No election held under this Act shall be called in question except by an election petition presented to the Election Tribunal.
(2) The Government may specify a Court of District Judge to be an Election Tribunal to try the election petitions under this Act.
(3) The Tribunal shall deal with such petitions and proceedings in connection there with in the manner prescribed."
Rule 4 of the Telangana Municipalities (Election Petitions) Rules, 2020, reads as under:
"4. Election Tribunal : The Election Tribunal shall be
(a) the District Judge having territorial jurisdiction over the Municipal area, or
(b) if there are more than one such District Judge, the Principal District Judge of the District."
8. Apart from that Rule 9 (1) of the Telangana Municipalites (Election Petitions) Rules, 2020, every election petition shall be inquired into by the Election Tribunal as nearly as may be in accordance with the procedure applicable to the trial of suits under the Code of Civil Procedure, 1908.
9. From the above provisions, it is clear that only the Principal District Judge of the District will get jurisdiction to try the elections petitions under the Telangana Municipalities Act, 2019. Though Section 11 (2) of the Telangana Civil Courts Act, 1972, confers powers on the District Judge to appoint an Additional District Judge to perform any of the func