IN THE HIGH COURT FOR THE STATE OF TELANGANA Between:

B.S.Keshav, S/o Late Sarangapani … Petitioner And Kotla Naga Raju, S/o Late Kotla Nagendra and five others.

… Respondents JUDGMENT PRONOUNCED ON 04.04.2025 HON’BLE JUSTICE LAXMI NARAYANA ALISHETTY

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgment?

2. Whether the copies of judgment may be marked to Law Reporters/Journals? : Yes

3. Whether her Lordship wishes to see the fair copy of the Judgment? : Yes _______________________________________ JUSTICE LAXMI NARAYANA ALISHETTY HON'BLE JUSTICE LAXMI NARAYANA ALISHETTY % 04.40.2025 Between:

# B.S.Keshav, S/o Late Sarangapani ..... Appellants And:

$ Kotla Naga Raju, S/o Late Kotla Nagendra and five others ....Respondents < Gist:

> Head Note:

! Counsel for the petitioner: Sri Vedula Srinivas, learned senior counsel for Smt Vedula Chitralekha ^ Counsel for Respondents: M/s Srilekha Pujari ? Cases Referred:

1. AIR 2018 SC 3912

2. MANU/AP/0107/2008

3. AIR 2019 Karnataka 42

4. AIR 1973 SC 2464

5. MANU/KE/1458/2011 6. 2001(1) ALD 77 (DB)

HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.3842 OF 2023

ORDER:

This Civil Revision Petition is filed assailing the order dated

29.11.2023 passed by the Principal District Judge, Jogulamba-

Gadwal District in IA.No.327 of 2022 in EOP.No.3 of 2022.

2. Heard Sri Vedula Srinivas, learned senior counsel appearing for Smt. Vedula Chitralekha, learned counsel on record for petitioner and M/s. Srilekha Pujari, learned counsel for respondent No.2.

3. The brief facts of the case relevant for adjudication of this Revision Petition is that a gazette notification dated 07.01.2020 was issued by the Telangana State Election Commission for election of Ward Members of Gadwal Town Municipality scheduling the date of poll as 22.01.2020; that accordingly, elections were held and results were declared on 25.01.2020; that petitioner herein was the successful candidate from Ward No.28 and respondent No.1 was the unsuccessful candidate in the said election. While so, respondent Nos.1 and 2 herein filed EOP.No.3 of 2020 under Section 233 of the Telangana Municipalities Act, 2019, (for brevity, hereinafter referred to as ‘the Act, 2019’) on the file of the III Additional District Judge at Gadwal, Mahabubnagar District, to declare election of the revision petitioner as Ward Member from 28^th Ward of Gadwal Town Municipality as void and to set aside the same; and further, to declare respondent No.1 herein as elected Ward Member from 28^th Ward of Gadwal Town Municipality.

4. In the said EOP, respondent Nos.1 and 2 herein primarily contended that the provisions of the Constitution and the Rules and Orders made under the Telangana Municipalities and Municipal Corporations Rules, 2020 (for brevity, hereinafter referred to as ‘the Rules’) and the provisions of Representation of Peoples Act, 1951, were not complied with, thereby materially affecting the result of election insofar as revision petitioner is concerned and therefore, the election of revision petitioner, being void and inoperative, is liable to be set aside.

5. Revision petitioner entered appearance and filed an application in I.A.No.42 of 2021 under Order VII Rule 11(a) & (d) r/w Section 151 CPC for rejection of the EOP on the following grounds:-

(i)That the III Additional District Judge, Gadwal is not a constituted Election Tribunal and therefore, the said Court has no legal jurisdiction to entertain, try and dispose of the Election Petition on merits.

(ii) That the Election Petition does not disclose cause of action to challenge legally and validly elected returned candidate.

(iii)That the Election Petition is not in accordance with the mandatory statutory provisions of the Act, 2019 and the Rules, 2020, since respondent Nos.1 and 2 herein failed to deposit security amount before the Court while presenting the Election Petition, which is in contravention of Rule 8(1)(ii) of the Rules 2020.

6. It was further averred that III Additional Dis