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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI

WRIT PETITION NO.39593 OF 2025

DATED : 24.12.2025

Between:

Ch. Sarvaiah and 3 others

... Petitioners

AND

The State of Telangana rep. by its Principal

Secretary, Panchayat Raj & Rural Development

Department, Secretariat, Hyderabad and 8 others

... Respondents

O R D E R

In this Writ Petition, the petitioners are challenging the procedure

adopted by the official respondents in declaring respondent No.9 as Upa

Sarpanch of Somavarigudem Gram Panchayat, Nidamanur Mandal,

Nalgonda District, as illegal and arbitrary.

2. According to the petitioners, the meeting of the Ward members

for the election of Upa Sarpanch was not conducted in accordance with

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the Rules, i.e., the Telangana Panchayat Raj (Election of Upa-Sarpanch

of a Gram Panchayat) Rules, 2018 and G.O.Ms.No.25, PR & RD (PTS-

III), dt.19.05.2018. Learned counsel for the petitioners submitted that

the election of Upa Sarpanch is not by way of ballot paper and therefore,

the said election is not covered by the Telangana Panchayat Raj

(Conduct of Elections) Rules, 2018. He has drawn the attention of this

Court to the relevant Rules, i.e., the Telangana Panchayat Raj (Election

of Upa-Sarpanch of a Gram Panchayat) Rules, 2018 and submitted that

since the prescribed procedure has not been followed, this Court should

interfere in this case and the petitioners should not be directed to

approach the Election Tribunal by way of an Election Petition.

3. Learned Government Pleader for Panchayat Raj and Rural

Development and the learned Standing Counsel for the Telangana State

Election Commission have been heard and they pointed out that the

Telangana Panchayat Raj (Authority and Manner to dispose election

petitions in respect of Gram Panchayats, Mandal Praja Parishads and

Zilla Praja Parishads) Rules, 2018 refer to elections of a Member,

Sarpanch or Upa Sarpanch of a Gram Panchayat and even the

Explanation to Rule 6 thereof also refers to the post of Sarpanch and

Upa Sarpanch of a Gram Panchayat. Therefore, according to them, the

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election of Upa Sarpanch is also covered by the bar under Article 243-O

of the Constitution of India and therefore, the petitioners have to

approach the Election Tribunal for redressal of their grievance.

4. Learned counsel for the petitioners has, however, placed reliance

upon the decision of a Division Bench of this Court in the case of

Kurapati Maria Das vs. Dr. Ambedkar Seva Samajam, Bapatla,

Guntur District and others, 2007 (6) ALD 334 (DB) in support of his contention that the Writ

Petition can be entertained under Article 226 of the Constitution of India

and availability of alternative and efficacious remedy is not a bar for

entertaining it.

5. Having regard to the rival contentions and the material on record,

this Court finds that the allegations made by the petitioners about non-

following of the procedure in the election of Upa Sarpanch of the

subject Gram Panchayat are all factual matters and further Article 243-O

of the Constitution of India clearly bars any Court from entertaining any

petition other than by way of an Election Petition. The decision cited

above and relied upon by the petitioners is distinguishable on facts and

therefore is not applicable to this case. Further, the Telangana Panchayat

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Raj (Authority and Manner to dispose of election petitions in respect of

Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads)

Rules, 2018 also provide for Election Petition in the case of Sarpanch as

well as Upa Sarpanch. Therefore, the Writ Petition is not maintainable.

6. The Writ Petition is accordingly dismissed. No order as to costs.

However, liberty is granted to the petitioners to approach the Election

Tribunal by way of an Election Petition, if they so choose.

7. Pending miscellaneous petitions, if any, in this Writ Petition shall

also stand dismissed.

___________________________

JUSTICE T. MA