IMPORTANT POINT
The court emphasized the importance of not interfering with the election process once initiated and penalized frivolous litigation.

ORDER :

(T. Vinod Kumar, J.)

1. This Writ Petition is filed with the following prayer:

"to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 2 in issuing the unnumbered Notice dated 30.03.2024 as illegal, arbitrary and in violation of principles of natural justice and in violation of Articles 14, 16, 19 and 21 of Constitution of India and set aside the same and consequently direct the respondent No. 2 to receive all the details and their illegalities done by the 5th respondent and his moveable and immoveable properties details and not to disturb the petitioner from discharging her duties."

2. Heard learned Counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development, learned Government Pleader for Revenue, learned Standing Counsel appearing for 4th respondent and with the consent of the Counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at admission stage.

3. Having regard to the manner of disposal of the Writ Petition at the admission stage, and the lis involved in this Writ Petition, this Court is of the view that notice to unofficial respondent is not necessary for adjudication of the present Writ Petition.

4. The case of the petitioner, in brief, is that initially she has been elected as ward member of the 4th respondent Municipality and thereafter was elected as the Chairperson of the said Municipality and is continuing to function as such.

5. It is the further case of the petitioner that the 2nd respondent being fully aware of the election notification issued for the Parliament elections, had issued the impugned notice dated 30.03.2024 without even mentioning any ROC number which itself proves the unethical practice adopted by the 2nd respondent. On the basis of the above, the petitioner had sought for suspension of the impugned notice dated 30.03.2024.

6. Petitioner by referring to the impugned notice contends that though the same pertains to the Adibatla Municipality, the same has been issued under the signature of the 3rd respondent who is unconnected with the affairs of the said Municipality; and that no reason is specified for the issuance of such notice.

7. Per contra, learned Government Pleader appearing on behalf of the respondent Nos. 1 to 3 submits that firstly, the claim of the petitioner continuing to hold the office of Chairperson of the Adibatla Municipality is wrong, as the petitioner was removed from the office of Chairperson in a No-confidence motion moved on 09.02.2024 and the Government having issued the G.O. Ms. No. 55 M.A. & U.D department, dt. 23.03.2024, notifying the motion of No-confidence against the petitioner having been moved successfully on account of which a casual vacancy to the office of Chairperson of the Adibatla Municipality having arisen, the petitioner cannot continue to claim as the Chairperson of the Municipality; that secondly, the petitioner having unsuccessfully challenged the motion of No-confidence moved against her, and fully being aware of her not holding the position of Chairperson of the Municipality continuing to claim as Chairperson both in the cause title of the Writ Petition as well as in the affidavit filed in support of the petitioner only goes to show that the petitioner has approached this Court by suppressing the true and correct facts.

8. Learned Government Pleader further contends that consequent to the casual vacancy arising in the office of the Chairperson of the Municipality on account of No-confidence motion being moved against the petitioner and the said vacancy being notified on 23.03.2024, the Telangana State Election Commission had issued notification vide proceedings No. 484/TSEC - ULBs/2024 dated 27.03.2024 to conduct of election to the casual vacancies in the offices of Chairperson and Vice-Chairperson, Adibatla Municipality as per the schedule appended to the notification in the form of annexure.

9.