The main legal point established in the judgment is the application of the doctrine of reading down to align statutory provisions with the constitutional mandate, as well as the interpretation of constitutional provisions related to the composition and election of members in Municipalities.

ORDER :

Ujjal Bhuyan, J.

Heard Mr. D.Y.L.N. Charyulu, learned counsel for the petitioners; and Mr. Radhive Reddy, learned Special Government Pleader attached to the office of the learned Advocate General for the official respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioners have prayed for the following reliefs :

(1) to declare clauses (b) and (c) of sub-section (3) of Section 5 of the Telangana Municipalities Act, 2019 as illegal, ultra vires and unconstitutional;

(2) to declare Section 20 of the Telangana Municipalities Act, 2019 to the extent it enables members referred to in clauses (b) and (c) of subsection (3) of Section 5 of the aforesaid Act to participate in the election of chairperson, and vicechairperson of a Municipality as illegal, ultra vires and unconstitutional; and

(3) to set aside the election of chairperson and deputy chairperson of Tukkuguda Municipality.

3. Facts leading to filing of the present writ petition may be summarised as under :

3.1. Three petitioners have joined together and have filed the present writ petition. They are elected ward members of Tukkuguda Municipality having been elected from their respective wards as candidates belonging to the Bharatiya Janata Party (BJP).

3.2. Second respondent i.e., State Election Commissioner, Telangana issued election notification dated 07.01.2020 for holding elections to elect members of the wards in Municipalities and Municipal Corporations in the State of Telangana. The election notification was issued in accordance with the provisions contained in the Telangana Municipalities Act, 2019 (briefly, ‘the 2019 Act’ hereinafter).

3.3. Elections were held on 22.01.2020 in which petitioners contested for the post of Ward Member from different wards of Tukkuguda Municipality in Ranga Reddy District on behalf of BJP. After the elections were over, counting took place on 25.01.2020. It may be mentioned that there are a total of 15 seats of Ward Member in Tukkuguda Municipality. At the end of counting of votes, BJP won nine seats, TRS political party won five seats and one seat was won by an independent candidate. Among the victorious BJP candidates, the three petitioners were also included.

3.4. Notification was issued on 23.01.2020 by the second respondent for holding elections amongst the elected ward members to fill up the posts of chairperson and vice chairperson of Municipalities and Municipal Corporations, including Tukkuguda Municipality, under Section 194(1) and 195(5) read with Section 20 of the 2019 Act. Following the same, third respondent issued notices under Section 5(3) of the 2019 Act to the public representatives, viz., Member of Legislative Assembly, Member of House of People, Member of Council of States and Member of Legislative Council who are ex officio members.

3.5. First respondent also issued a notice dated 25.01.2020 seeking clarifications from the public representatives within the ambit of Section 5(2) and (3) of the 2019 Act seeking the options from the ex officio members to be communicated to the Municipal Commissioners by 26.01.2020.

3.6. Election for the posts of chairperson and vice chairperson was conducted by the third respondent in so far Tukkuguda Municipality is concerned on 27.01.2020. In the said election, the fourth respondent allowed the seventh respondent to attend the meeting and to cast vote as an ex officio member.

3.7. It is stated that seventh respondent Dr. K. Keshav Rao is a Member of the Council of States i.e., Rajya Sabha from the State of Andhra Pradesh. He cast his vote on behalf of the ruling TRS political party. Elaborating further, it is stated that seventh respondent was originally elected to the Rajya Sabha from the combined State of Andhra Pradesh. After formation of Telangana and Andhra Pradesh States, he was declared elected as Member of Parliament of Rajya Sabha from the State of Andhra Pradesh in the draw of lots held on 30.05.2014.

3.8. Thus, contention of the petitioners i