THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.2399 OF 2024, WRIT PETITION NO.2406 OF 2024, WRIT PETITION NO.2410 OF 2024, WRIT PETITION NO.2413 OF 2024, WRIT PETITION NO.2661 OF 2024 AND WRIT PETITION NO.2665 OF 2024

COMMON ORDER

All these Writ Petitions have been filed challenging the inaction on the part of the respondents in conducting elections to the Local Bodies, i.e., Gram Panchayats though their term was going to expire on 31.01.2024, as illegal, arbitrary and violative of Articles 243E and 243K of the Constitution of India and also as being contrary to the provisions of the Telangana Panchayat Raj Act, 2018 and consequently to direct the Telangana State Election Commission (respondent No.6) to conduct elections to the post of Sarpanches of the respective Gram Panchayats in the interest of justice and to pass such other order or orders.

2. On 13.08.2024, it was submitted by the learned Senior Counsel representing the Election Commission of India that it has issued detailed guidelines for sharing the electoral database along with the proceedings with the State Election Commissions and that respondent No.6-State Election Commission has to give an undertaking for sharing of electoral database and after receiving the undertaking in the prescribed format, respondent No.7-the Election Commission of India shall share the electoral database with respondent No.6-State Election Commission. Observing thus, this Court had directed respondent No.6 to submit the undertaking in the proforma issued by respondent No.7. On 22.08.2024, it was submitted that the Election Commission of India has provided the electoral database to the Telangana State Election Commission on 18.08.2024 and that the State Election Commission started preparing voters’ list on 19.08.2024 and has issued notification of schedule dates for preparation and publication on 21.08.2024. Learned Senior Counsel appearing for the Telangana State Election Commission further submitted that after receiving of the concurrence from the State Government as per Section 197(6) of the Telangana Panchayat Raj Act, 2018, the State Election Commission will issue election notification for conduct of Gram Panchayat elections. On 10.09.2024, learned Additional Advocate General submitted that the Division Bench of this Court has granted three months time for the BC Commission for delimitation exercise and for conducting of Local Body elections and sought time to file a copy of the order of the Division Bench. On 24.09.2024, it was submitted that the tentative schedule of Local Body elections of Gram Panchayats would be produced before the Court and on 01.10.2024, the learned Additional Advocate General submitted written instructions issued by the Secretary, PR & RD Department mentioning the tentative schedule for conducting of Gram Panchayat elections and as per the directions of the Hon’ble Division Bench of this Court, the identification of political backwardness for making reservations to BCs and for determination of number of seats/offices for Ward members/Sarpanches to be reserved to BCs and that this action will be completed on or before 10.12.2024. Thereafter, the matter has not been placed before this Court and it is listed today only.

3. Learned Senior Counsel appearing for the petitioners submitted that though the term of the Sarpanches has come to an end on 31.01.2024, more than 14 months have gone by and the respondents have not chosen to take any steps to conduct elections to the Gram Panchayats in the State of Telangana.

4. Learned Senior Counsel appearing for the petitioners has further placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Kishansing Tomar Vs. Municipal Corporation of the City of Ahmedabad and others, (2006) 8 SCC 352 to submit that where the duration of the Municipality is fixed as 5 years from the date of its first meeting and no longer, it is incumbent upon the Election Commission and other authorities to carry out th