IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Laxmi Kori – Appellant
Versus
P. Renuka – Respondent
ORDER :
LAXMI NARAYANA ALISHETTY, J.
This Civil Revision Petition is filed assailing the order dated 29.11.2023 passed by the Principal District Judge, Jogulamba-Gadwal District in IA.No. 326 of 2022 in EOP. No. 02 of 2022.
2. Heard Sri CH. Ravinder, learned counsel for petitioner. Despite service of notice on the contesting respondent, there is no representation on their behalf.
3. The brief facts of the case relevant for adjudication of this Revision Petition is that a gazette notification dated 07.01.2020 was issued by the Telangana State Election Commission for election of Ward Members of Gadwal Town Municipality scheduling the date of poll as 22.01.2020; that accordingly, elections were held and results were declared on 25.01.2020; that petitioner herein was the successful candidate from Ward No.26 and respondent No.1 was the unsuccessful candidate in the said election. While so, respondent No.1 herein filed EOP.No.02 of 2020 under Section 233 of the Telangana Municipalities Act, 2019, (for brevity, hereinafter referred to as ‘the Act, 2019’) on the file of the III Additional District Judge at Gadwal, Mahabubnagar District, to declare election of the revision petitioner as Ward Me
The Election Petition must be filed in the correct forum, and time spent in a wrong forum cannot be condoned under the Limitation Act.
The period spent pursuing an Election Petition in the wrong forum cannot be condoned under the Limitation Act, as the Telangana Municipalities Act is a self-contained code governing Election Petition....
The time spent pursuing an Election Petition in the wrong forum cannot be condoned, and failure to comply with statutory provisions renders the petition void.
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