ORDER :

UJJAL BHUYAN, J.

Heard Mr. Ponnam Ashok Goud and Mr. Venkat Goundla, learned counsel for the petitioners; Mr. P.Sudheer Rao, learned Standing Counsel for State Election Commission representing respondent No.1; and Mr. Parsa Ananth Nageswar Rao, learned Government Pleader attached to the office of the learned Advocate General representing respondents No.2 to 4 in WP (PIL) No.30 of 2022 and respondents No.2 to 5 in W.P.No.40739 of 2022.

2. Since the subject matter of both the writ petitions is the same, those have been heard together and disposed of by this common order.

3. Question for consideration is regarding holding of election to the office of Sarpanch in Anthireddiguda Gram Panchayat, which has been carved out from Nandigam Gram Panchayat after the elections in January, 2019.

4. Facts lie within a very narrow compass. For the sake of convenience, we have taken up W.P.(PIL) No.30 of 2022 as the lead case.

5. Following the intervention of this Court vide the order dated 19.06.2018 passed in I.A.No.1 of 2018 in W.P.No.12113 of 2018, State of Telangana in Panchayat Raj and Rural Development Department had issued G.O.Ms.No.41 dated 03.11.2020 carving out Anthireddiguda Gram Panchayat from the existing Nandigam Gram Panchayat in Ranga Reddy District. Pursuant thereto, the District Collector of Ranga Reddy District appointed the Mandal Parishad Development Officer, Nandigam Mandal as Special Officer of the newly carved out Gram Panchayat on 20.11.2020. He had also appointed the Panchayat Secretary of Nandigam Gram Panchayat as incharge Panchayat Secretary of the newly formed Anthireddiguda Gram Panchayat.

6. Allegation made is that though the new Gram Panchayat was constituted on 03.11.2020, no elections have been held in the said Gram Panchayat. Therefore, prayer has been made for a direction to the respondents to conduct elections to the newly formed Anthireddiguda Gram Panchayat.

7. Respondent No.1 i.e., State Election Commission, Telangana has filed counter-affidavit. It is stated that respondent No.1 had conducted ordinary elections to the Gram Panchayats in the State of Telangana including Nandigam Gram Panchayat in January, 2019; thereafter District Collector, Ranga Reddy District had forwarded the proposal for formation of a new Gram Panchayat viz., Anthireddiguda Gram Panchayat by carving out the same from the existing Nandigam Gram Panchayat on 27.03.2018; in this connection, Writ Petition No.12113 of 2018 was also filed. By the order dated 19.06.2018 passed in I.A.No.1 of 2018 in W.P.No.12113 of 2018, this Court had directed the respondents to take further action in terms of the recommendations made by the District Collector for formation of Anthireddiguda Gram Panchayat. It was thereafter that G.O.Ms.No.41 dated 03.11.2020 was issued amending Schedule-VIII of the Telangana Panchayat Raj Act, 2018 (briefly ‘the Act’ hereinafter), constituting a new Gram Panchayat called Anthireddiguda Gram Panchayat comprising the survey numbers specified therein. District Collector by proceedings dated 20.11.2020 had also appointed Sri Giriraj, Mandal Parishad Development Officer as Special Officer of the newly constituted Anthireddiguda Gram Panchayat. Panchayat Secretary of Nandigam Gram Panchayat was made incharge Panchayat Secretary of the newly constituted Anthireddiguda Gram Panchayat.

8. It is stated that W.P.No.9018 of 2021 was filed assailing the appointment of Special Officer. However, the said writ petition was dismissed holding that Special Officer was appointed in exercise of powers conferred under Section 136 of the Act.

9. It is further stated that panchayat election to Nandigam Gram Panchayat was held for fourteen wards; after formation of Anthireddiguda Gram Panchayat, eight wards out of fourteen wards of Nandigam Gram Panchayat became wards of Anthireddiguda Gram Panchayat; term of the elected body is for five years; consequent upon formation of Anthireddiguda Gram Panchayat, eight ward members, who were earlier ward