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2024 Supreme(Online)(Tel) 43795
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY, J
Smt Barigela Hemalatha – Appellant
Versus
K. Madhumohan – Respondent
CIVIL MISCELLANEOUS APPEAL No.1, 3 AND 4 of 2023 AND 577, 578 & 579 OF 2022
For the Appellants/Petitioners: Sri A. Venkatesh, Sri G. Bhaskar Reddy, Sri L. Ravi Chander, Vadeendra Joshi
For the Respondents:All learned counsel appearing for the respondents
Only registered voters within a municipality can participate in elections, and votes cast by ineligible ex-officio members render the election void.
Headnote:(A) Telangana Municipalities Act, 2019 - Sections 5 and 20 - Election disputes - The Election Tribunal declared the election of the Chairperson of Thukkuguda Municipality void due to illegal votes cast by ex-officio members who were not registered voters in the municipality - The court emphasized the constitutional mandate that only registered voters within a municipality can vote in its elections. (Paras 30, 31, 58, 73)
(B) Election Petitions - Non-joinder of necessary parties - The court held that the absence of certain candidates did not invalidate the petitions as all contesting candidates were eventually made parties to the appeal. (Paras 70, 72)
Facts of the case:
The disputes arose from the election of the Chairperson of Thukkuguda Municipality, where the election was contested on grounds of illegal voting by certain ex-officio members who were not registered voters. The election was held on 27.01.2020, and the results declared were contested by losing candidates.
Findings of Court:
The court found that the votes cast by certain ex-officio members were void, resulting in the election of the Chairperson being declared void. The second highest vote-getter was declared the duly elected Chairperson.
Issues: The main issues included the eligibility of ex-officio members to vote and the validity of the election results in light of illegal votes.
Ratio Decidendi: The court ruled that only those ex-officio members who are registered voters within the municipality are eligible to vote, and thus the election results were materially affected by the illegal votes, leading to the election being declared void.
Result: The election of the Chairperson was declared void, and the second highest candidate was declared the duly elected Chairperson.
| Table of Content |
|---|
| 1. petitioners challenging election results for chairperson. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 10) |
| 2. election process and candidates' qualifications outlined. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. respondents' counterarguments against the election petitions. (Para 21 , 22 , 23 , 24) |
| 4. election tribunal's issues framed for trial. (Para 25 , 26 , 27 , 28) |
| 5. court's interpretation of eligibility criteria for voting. (Para 30 , 31 , 32) |
| 6. constitutional provisions regarding municipal elections discussed. (Para 34 , 35 , 36 , 37 , 39 , 41 , 42) |
| 7. court's ruling on the validity of votes and election results. (Para 58 , 60 , 62) |
| 8. final judgment and orders regarding election outcomes. (Para 73 , 74) |
COMMON JUDGMENT
C.M.A. No.1 of 2023 is filed by the petitioner in E.O.P.No.116 of 2020 challenging the order dated 12.12.2022 passed by the Principal District Judge-cum-Election Tribunal at L.B. Nagar, Ranga Reddy District (for short ‘the Election Tribunal’) in E.O.P.No.116 of 2020 to the extent of declaration for conducting fresh election and consequently, to declare the appellant as the duly elected Chairperson of Thukkuguda Municipality.
2. C.M.A.No.3 of 2023 is filed by the petitioners in E.O.P.No.124 of 2020 challenging the order dated 12.12.2022 passed by the Election Tribunal in E.O.P.No.124 of 2020 to the extent of declaration for conducting fresh election and consequently, to declare the candidate with the second highest number of votes as the duly elected Chairperson of Thukkuguda Municipality.
3. C.M.A.No.4 of 2023 is filed by the petitioners in E.O.P.No.121 of 2020 aggrieved by the order dated 12.12.2022 passed by the Election Tribunal in E.O.P. No.121 of 2020, insofar as non-declaration of votes cast by respondent Nos.8 to 11 therein as null and void and consequently, to declare one Smt B.Hemalatha, the second highest securer of votes, as duly elected Chairperson of Thukkuguda Municipality.
4. C.M.A.No.577 of 2022 is filed by respondent No.5 in E.O.P.No.121 of 2020 challenging the order dated 12.12.2022 passed by the Election Tribunal, in E.O.P.No.121 of 2020, in toto.
5. C.M.A.No.578 of 2022 is filed by respondent No.5 in E.O.P. No.124 of 2020 challenging the order dated 12.12.2022 passed by the Election Tribunal, in E.O.P. No. 124 of 2020, in toto.
6. C.M.A.No.579 of 2022 is filed by respondent No.6 in E.O.P No.116 of 2020 challenging the order dated 12.12.2022 in E.O.P No. 116 of 2020, in toto.
7. CMA.No.1 of 2023 is filed by the unsuccessful candidate in the election held for the post of Chairperson of Thukkuguda Municipality.
8. CMA.Nos.3 and 4 are filed by the elected Ward Members of Thukkuguda Municipality.
9. CMA.Nos.577, 578 and 579 of 2023 are filed by the elected Chairperson of Thukkuguda Municipality.
10. Since the parties are one and the same and the issues involved in all the Appeals are interconnected, all the Appeals are heard together and being disposed of by common judgment.
11. Heard Sri A. Venkatesh, learned senior counsel representing Sri G. Bhaskar Reddy, learned counsel on record for the appellants in CMA.Nos.577, 578 and 579 of 2022, Sri L. Ravi Chander, learned senior counsel representing Vadeendra Joshi, learned counsel on record for the appellants in CMA.Nos.1, 3 and 4 of 2023, and all the learned counsel appearing for the respondents in the said Appeals. Perused the entire material available on record.
12. For convenience, the parties are hereinafter referred to as they are arrayed before the Election Tribunal in C.M.A.No.4 of 2023.
13. The sum and substance of the averments in the affidavits, filed in support of the Election Petitions, shorn off unnecessary details, are that respondent No.2 issued Election Notification vide No.3038/ TSEC-ULBS/2019 dated 07.01.2020, in accordance with the Telangana Municipalities Act, 2019 (for short ‘the Act’) for conduct of elections to Ward Members in Municipalities and Municipal Corporations in Telangana State. Pursuant to the same, the petitio
