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2023 Supreme(Telangana) 684

C. V. BHASKAR REDDY
Bingi Venkatesham – Appellant
Versus
State of Telangana – Respondent


Advocates appeared:
B.L. Prasuna, Advocate, Ananthula Ravinder, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The Election Tribunal has the jurisdiction to entertain an Election O.P. filed under Sec. 21(3) of the Telangana Panchayat Raj Act, 2018, and the burden of proof lies with the petitioner to disprove the allegations (!) (!) .

  • The election of the petitioner was challenged on the grounds that he had three children at the time of nomination, which is against the Tribunal Rules, and that he suppressed this fact in his nomination papers (!) (!) .

  • The Election Tribunal found that the petitioner indeed had three children, relying on various documents such as bonafide certificates, birth certificates, family details, and ration cards, which are presumed to be correct and are admissible evidence under relevant laws (!) (!) .

  • The Tribunal's decision was based on the evidence, believing the respondent’s version that the petitioner had three children, and disbelieving the petitioner’s denial, leading to the conclusion that the petitioner was disqualified under Sec. 21(3) of the Act (!) .

  • The petitioner’s argument that the Tribunal lacked jurisdiction and that the matter should have been decided by the District Court was rejected, as the rules specifically provide for the Election Tribunal to hear such cases (!) (!) .

  • The Rules governing election petitions specify the grounds for challenging an election, including disqualification due to having more than two children at the time of nomination, and set strict procedural requirements, including time limits (!) (!) (!) .

  • The provisions also clarify that the remedy for disqualification issues at the time of election or arising thereafter is available through the election petition process and through separate procedures such as application to the District Court, but these are distinct remedies (!) (!) .

  • The Court upheld the jurisdiction of the Election Tribunal to hear the election challenge and found that the petitioner failed to produce sufficient evidence to disprove the respondent’s allegations regarding his number of children (!) .

  • Consequently, the Writ Petition challenging the Tribunal’s order was dismissed, affirming the Tribunal’s authority and the correctness of its decision (!) .

  • No costs were awarded, and pending miscellaneous petitions were closed (!) (!) .

Please let me know if you need further analysis or specific legal advice regarding this case.


JUDGMENT

1. This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking a writ of certiorari calling for the records in Election O.P. No.6 of 2019 dtd. 21/7/2022 on the file of the Election Tribunal-cum-Principal Junior Civil Judge, Siddipet, as illegal, arbitrary and without jurisdiction and consequently, prayed to set aside the same.

2. The Election to the office of Member of 5th Ward, Gram Panchayat, Lakudaram Village, Kondapak Mandal, Siddipet District, was held on 25/1/2019. The petitioner herein and the respondent No.8 herein contested in the said election. The petitioner was declared as elected having polled 65 valid votes. Questioning the election of the petitioner as Member of the 5th ward of Gram Panchayat, the respondent No.8 filed Election O.P.No.6 of 2019 under Sec. 21 (3) of the Telangana Panchayat Raj Act, 2018 (for short "the Act") r/w 2 (2) (1)(A) of Telangana Panchayat Raj (Authority to dispose petitions in respect of Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads) Rules, 2018 (for short "Tribunal Rules"), issued in G.O.Ms.No.4, Panchayat Raj and Rural Development (Part 3) Department, dtd. 29/1/2019 on t

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