HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD.

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THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR WRIT APPEAL No. 1371 of 2025 DATE : 02-12-2025 Between :

The Telangana State Election Commission, Rep. by the Commissioner … Appellant/

Respondent No.2 And

1. Ms.Chinthamalla Kalpana, D/o.Gopal Dharavah and seven others … Respondents.

JUDGMENT: (per Hon’ble Justice Gadi Praveen Kumar)

Heard Sri G.Vidya Sagar, learned Senior Counsel representing Sri P.Sudheer Rao, learned counsel appearing for the appellant/State Election Commission, Sri T.P.S.Harsha, learned counsel appearing for the respondent No.1/Writ Petitioner and Sri Avinash Desai, learned Senior Counsel representing Sri Kopal Sharraf, learned counsel appearing for respondent No. 8/ Election Commission of India.

2. The Appeal arises out of an interim order dated 28.11.2025 passed by a learned Single Judge in W.P.No.36510 of 2025 directing to consider the name of the Writ Petitioner for participating in the ensuing Elections to Indugula Village and Gram Panchayat with a finding that her name has to be included in the Electoral Rolls of the Gram Panchayat concerned.

3. The Writ Petitioner filed the Writ Petition by way of Lunch Motion seeking to declare the action of the respondents in not including the name of the Writ Petitioner in the Electoral Rolls (Voters List) of Indugula village, Madugulapalli Mandal, Nalgonda District which is reserved for ST Category, as illegal.

4. The learned Single Judge considering the issue primarily held that since the petitioner’s name is appearing in the list of Election Commission of India as resident of concerned Gram Panchayat before the date of Election Notification, her name has to be included in the Electoral Rolls of the concerned Gram Panchayat, thereby directed the respondents to consider the case of the petitioner in participating in the ensuing Elections.

5. Sri G.Vidya Sagar, kearned Senior Counsel appearing for the Telangana State Election Commission contends that the order passed by the learned Single Judge is contrary to Section 11 of The Telangana Panchayat Raj Act, 2018 (for short ‘The Act’) as the Electoral Roll for the Gram Panchayat shall be with reference to the qualifying date as may be prescribed by the State Election Commission. The State Election Commission notified 01.07.2025 as the qualifying date vide its Notification dated 26.08.2025 whereas sub-Section (3) of section 11 of the Act, 2018 specifies that the Electoral Rolls published shall remain in force till fresh Electoral Rolls are published.

6. Learned Senior Counsel further contented that the Electoral Roll of the concerned Assembly Constituencies made by the Electoral Registration Officer will not be part of Electoral Roll of the Gram Panchayat unless it is notified under the Act. Therefore, contended that the learned Single Judge ought not to have directed the respondents in the Writ Petition to consider the case of the Writ Petitioner for participating in the ensuing elections without her name included in the Electoral Rolls of the Gram Panchayat, and prays to set aside the order of the learned Single Judge.

7. Sri T.P.S. Harsha, learned counsel appearing for respondent No.1 contends that the name of the Writ Petitioner is reflecting as a voter of the Village. In the Election Commission of India Identity card which is downloaded on 26.11.2025 reflects the name of the Writ Petitioner specifically showing the address as ‘H.No.4-16, Indugula village, Madugulapalli, Nalgonda’, and the Track Application, which is submitted on 06.11.2025 duly accepted on 13.11.2025, reflecting the name of the Writ Petitioner as voter of the said Village.

8. The learned counsel for the Writ Petitioner further contended that the order passed by the learned Single Judge is only an interim order directing to consider the case of the Writ petitioner for participating in the ensuing elections and that the various new contentions raised by the Appellant c