Point of Law: As per Rule 3 of the Rules, an Election Petition shall be instituted within 30 days from the date of declaration of the result of the election.

ORDER :

This Writ Petition is filed to set aside the order dated 02.09.2021 passed in I.A.No.789 of 2021 in EOP No.124 of 2020 by the Principal District Judge, Ranga Reddy District at L.B.Nagar - cum - Election Tribunal constituted under Telangana Municipalities Act, 2019 (for short, ‘the Act’) allowing the amendment to the said Election Petition, as illegal and contrary to the Telangana Municipalities (Election Petitions) Rules, 2020 (for short, ‘the Rules’) issued in G.O.Ms.No.30 Municipal Administration and Urban Development(MA) Department, dated 11.02.2020 and to set aside the same.

2. Heard Sri A.Prabhakar Rao, learned counsel for the Petitioner, Learned Govt.Pleader for Municipal Administration and Urban Development appearing for Respondent No.1, Sri P.Sudheer Rao, learned standing counsel for Respondent Nos.2 to 4, Sri N.Praveen Kumar, learned standing counsel for Respondent Nos.R.5 and 7, Sri M.Rajender Reddy, learned counsel for the Respondent No.6, and Sri Gokul Rama Rao, learned counsel appearing for Respondent Nos.8 to 12 and perused the record.

3. FACTS OF THE CASE

(i) The Respondent Nos.8 to 12 have filed the subject Election Petition under Rule 3 of the Rules, to declare action of the 7th Respondent in allowing the 6th Respondent herein to be ex-officio Member of Thukkuguda Municipal Council, as illegal; to declare participation of the 6th Respondent herein in the election of Chairperson and Vice Chairperson of Thukkuguda Municipal Council, as void and illegal; to declare the election of the Returned Candidates, Vice Chairperson of Thukkuguda Municipal Council i.e. 5th Respondent herein, as void; to declare the election of Vice Chairperson of Thukkuguda Municipal Council whole as void and order for fresh election.

(ii) The Petitioner herein/the 5th Respondent therein had filed counter in the said Election Petition. Thereafter, the Respondent Nos.8 to 12 herein have filed an application vide I.A.No.789 of 2021 in E.OP No.124 of 2020 under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 ( for short, ‘the CPC’) before the Election Tribunal, seeking permission of the Tribunal, to delete Paragraph No.5 in the Prayer in Election Petition in toto and substitute with “to declare that the second highest votes secured candidate is the elected candidate as Chair person of Tukkuguda Municipality”.

(iii) The said petition vide I.A.No.789 of 2021 was filed on the ground that the amendment sought is only clarificatory in nature and the same is in accordance with the pleadings, no prejudice would be caused to the Respondents therein and by virtue of the amendment, the nature of the Election Petition will not change.

(iv) The Petitioner herein opposed the said I.A.No.789 of 2021 on the ground that the Election Tribunal does not have the power to entertain an application filed under Order VI Rule 17 of the C.P.C. and the Election Tribunal has to enquire into Election Petitions by following the procedure laid down under the Act and the amendment would change the nature of the very Election Petition itself.

(v) The Election Tribunal had allowed the said I.A.No.789 of 2021 holding that the amendment sought by the Petitioners therein is only clarificatory does not change the nature of the dispute or the cause of action and no new case was introduced and such amendment would cause no prejudice to the Respondents.

4. CONTENTIONS OF THE PETITIONER:

(i) The Election Tribunal, while dealing with the Election Petition filed under Rule 3 of the Rules, has to follow the procedure laid down under the Rules, while conducting enquiry in Election Petition.

(ii) Rule 10 of the Rules, deals with the power of Election Tribunal and as per the same, the Election Tribunal shall have the power which is vested in a Court under the CPC, and shall be deemed to be a civil Court while trying a suit in respect of the matters specifically mentioned therein. Therefore, except the said matter, the Election Tribunal cannot invoke the other powe