THE HON’BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No. 20031 of 2022

ORDER:

Heard Sri.C.Raghu, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Sri.V.Ravi Kiran Rao, learned Senior Counsel appearing on behalf of Sri.V.Rohit for implead party respondents.

2. This Writ Petition is filed questioning the notification dated 16.04.2022 in Form-2 issued under Rule 7(2) Telangana Panchayat Raj (Conduct of Elections of Upa Sarpanch of Gram Panchayat) Rules, 2018 for conduct of elections to the post of Upa Sarpanch to Pudur Gram Panchayat, Medchal Mandal, Medchal-Malkajgiri District. The said notification is called in question mainly on two grounds namely i.e., firstly on the ground that the said notification is contravention to Proviso to Rule 7(1) of said Rules, 2018 and secondly on the ground that impugned notification ought to have been issued by the State Election Commission, but not the respondent No.4.

3. The learned counsel for the petitioner contended that in terms of Proviso to Rule 7(1) of said Rules, 2018 before a casual election of Upa Sarpanch is held, every casual vacancy in the office of an elected member of the Gram Panchayat shall be filled. He further submits that the post of Sarpanch of Pudur Gram Panchayat, Medchal Mandal, Medchal-Malkajgiri District, fell vacant consequent upon the removal of Sarpanch of the said Gram Panchayat through proceedings, dated 14.02.2022 and the said vacancy of Sarpanch is not filled till date and in the absence of filling up the said vacancy which is also one of the elected member of the Gram Panchayat in question, the impugned notification is contrary to the proviso to Rule 7(1) of said Rules, 2018.

4. It is further contended that, it is only the State Election Commission having competency to issue the notification for conducting elections to the post of Upa Sarpanch of the Gram Panchayat in question, but in the instant case the notification was issued by the respondent No.4 without any competency and as such the impugned notification is incompetent and liable to be set aside.

5. When the matter came up for admission on

20.0.2022, this Court passed the following order:

“The elections scheduled to take place on 22.04.2022 may go on but the results of the same shall not be declared till

25.04.2022”.

6. The ward members of the Pudur Gram Panchayat came on record by filing an implead application and they were impleaded as respondent Nos.5 to 11 in this writ petition.

7. The learned Government Pleader on instructions submitted that Naib Tahsildar of Medchal Mandal, issued the impugned notification consequent upon the notification No.21/TSEC-PR/2022-3, dated 11.04.2022, issued by the Telangana State Election Commission, wherein the District Panchayat Officer, Medchal, Malkajgiri was directed to authorize a person who shall be not below the rank of Revenue Inspector to conduct election to the casual vacancy in the office of Upa Sarpanch of Pudur Gram Panchayat of Medchal Mandal in Medchal Malkajgiri District. Thus, the impugned notice issued by the Naib Tahsildar of Medchal Malkajgiri District, is only in furtherance of the Notification issued by the State Election Commission.

8. It is further submitted by the learned Government Pleader that pursuant to the interim direction passed by this Court, the election that was scheduled to take place on 22.04.2022 was conducted and placed on record the minutes of meeting and the said meeting.

9. Sri.V.Ravi Kiran Rao, learned Senior Counsel, appearing for respondents No.5 to 11, contended that the petitioner has neither have any legal right nor fundamental right to question the impugned notification and that the impugned notification was issued by the Naib Tahsildar of Medchal Malkajgiri District, but the said Naib Tahsildar is not made party to the writ petition. It is also contended that the Telangana State Election Commission also not made party which is a necessary party and further contended that in terms of Artic