JUDGEMENT

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 and batch 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.

and batch

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 and batch conduct of elections to Ward Members in Municipalities and Municipal Corporations in Telangana State. Pursuant to the same, the petitioners in E.O.P.Nos.121 and 124 of 2020 were fielded as the candidates to contest on behalf of Bharatiya Janata Party (BJP), a recognized National Party, for the post of Ward Members of Thukkuguda Municipality.

14. That election to the said posts was held on 22.01.2020 and the votes were counted on 25.01.2020 and after completion of counting of the votes, out of total 15 seats, BJP won 9 seats, TRS party won 5 seats and one seat was secured by an independent candidate and the results were declared on the same day and the petitioners in E.O.P.Nos.121 and 124 of 2020 got elected as Ward Members of their