THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.11513 OF 2025

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus declaring the action of the 4^th respondent in publishing the final list of MPTCs in P.A. Pally Mandal of Nalgonda District without publishing the draft publication of MPTCs by calling for objections and without disposing of the objections received thereon as arbitrary, unreasonable and contrary to the orders of the 1^st respondent vide Memo No.PRRD- MZAD/3/1239/2024 dt.30.01.2025 and consequently to set aside the impugned publication of the final list vide Pro.No.D3/49/2025/ZPP dt.03.02.2025 and to direct the respondent to issue draft notification by calling for objections and thereafter to issue final notification of MPTCs in P.A.Pally Mandal by adhering strictly to the guidelines of the 1^st respondent vide Memo No.PRRD-MZAD/3/1239/2024, dt.30.01.2025 and to pass such other order or orders.

2. On issuance of the notice by this Court, the learned Special Government Pleader attached to the office of the learned Advocate General representing the respondents has produced a copy of the written instructions along with a copy of the draft publication dt.30.01.2025 before this Court. It was submitted that after issuance of the notification, some objections/suggestions thereto were received and thereafter, only the final list of MPTCs (Mandal Parishad Territorial Constituencies) of Pedda Adiserlapally Mandal (P.A.Pally Mandal) dt.03.02.2025 has been issued and that due procedure has been followed for issuance of the same. In view of these submissions, the petitioner has filed an application in I.A.No.2 of 2025 to amend the prayer challenging the final list of MPTCs of P.A.Pally Mandal, Nalgonda District dt.03.02.2025 and the same was allowed vide orders dt.18.06.2025. Thereafter, a counter affidavit has been filed by respondent No.4 to the amended prayer in the Writ Petition and the petitioner also filed a reply affidavit to the same.

3. Learned counsel for the petitioner, while reiterating the submissions made in the writ affidavit as well as in the affidavit accompanying I.A.No.2 of 2025, submitted that Section 144 of Telangana Panchayat Raj Act, 2018 (for short, “the Act”) prescribes the procedure for division of Mandal into constituencies and prescribes that the population of each Territorial Constituency, as far as practicable, shall consist of the population ranging between three thousand and four thousand and that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the Mandal Praja Parishad area. It is submitted that vide Memo dt.30.01.2025 for delimitation of MPTCs in P.A.Pally, Nalgonda, a schedule was given calling for objections/ suggestions to be received till 31.01.2025 and for disposing of the objections, time was also given up to 02.02.2025. It is stated that in the draft notification, Munavath Thanda Gram Panchayat was shown as part of Balaji Nagar MPTC with a population of 5039. It is further stated that Munavath Thanda Gram Panchayat is in Balaji Nagar MPTC and accordingly it was shown as existing and further P.A.Pally MPTC, as there were no other Gram Panchayats, was shown as existing, but there was no proposal to delete Munavath Thanda Gram Panchayat from Balaji Nagar MPTC and to include the same in P.A.Pally MPTC. In the absence of any such proposal, it is submitted that there is no meaning in issuing the draft notification and on the basis of such invalid draft notification, the issuance of final notification cannot be sustained and is liable to be rejected. It is further submitted that the MLA of Devarakonda has allegedly given a representation for delimitation, but according to the learned counsel for the petitioner, the same was not given pursuant to the draft notification and hence it cannot be considered for the purpose of fulfilment of Section 144 procedure. It is submitte