A writ petition challenging a temporary disqualification order becomes infructuous once the period of disqualification expires by efflux of time, as there is no longer a live cause of action or continuing legal injury.

ORDER :

The present writ petition is filed by the petitioner under Article 226 of the Constitution of India, seeking the following relief :

“…to declare the action of the respondents more particularly the 3rd respondent that disqualifying the petitioner for contesting in any election to be held for any office under the provisions of A.P. (Telangana) Panchayat Raj Act. 1994 for a period of three years vide proceedings No.316/TSEC-L-KRN/2017-(301) dated 19.01.2018 as being arbitrary, illegal, unjust and violation of Principles of Natural Justice and violation of Articles 14, 16 & 21 of the Constitution of India and set aside the same and consequently to held that the petitioner is entitled to be contest in any elections to be held for any office under the provisions of A.P (Telangana) Panchayat Raj Act, 1994 with all consequential benefits.…”

Though Sri A.Ravinder, learned counsel is on record for the petitioner, none appeared for the petitioner today. Heard Mrs.Vijaya Kumari, learned Assistant Government Pleader representing Sri H.Rajesh Kumar, learned Government Pleader for Law and Legislative Affairs, Sri Ashok Kumar, learned Assistant Government Pleader, representing Mrs.Shazia Parveen, learned Government Pleader for Panchayat Raj and Rural Development and Mrs.Vrinda Agarwal, learned counsel representing Sri P.Sudheer Rao, learned standing counsel for State Election Commission of Telangana.

The case of the petitioner, in brief, is that the petitioner, a BC community candidate, who contested for Sarpanch in 2013, was disqualified for three years by the Telangana State Election Commission under the Telangana Panchayat Raj Act, 1994 for allegedly failing to submit election expenditure accounts within the prescribed time. She contends that due to ill health she could not submit the accounts in time, but submitted them immediately upon receiving a show-cause notice issued after four years. She challenges the disqualification order dated 19.01.2018 as arbitrary, illegal, violative of principles of natural justice and contrary to Articles 14, 16, and 21 of the Constitution of India, and seeks setting aside of the impugned proceedings.

The learned Assistant Government Pleader submits that the writ petition has become infructuous since the impugned order dated 19.01.2018, issued under the Telangana Panchayat Raj Act, 1994, disqualified the petitioner only for a period of three years and the said period has already expired by efflux of time. As the disqualification was temporary and no longer subsists, there is no surviving cause of action or continuing legal injury requiring adjudication by this Court. Therefore, the relief sought has become purely academic and the writ petition is liable to be dismissed as infructuous.

The Court finds that the writ petition filed by the petitioner challenging the impugned order dated 19.01.2018, which disqualified her from contesting elections for a period of three years under the Telangana Panchayat Raj Act, 1994, has become infructuous as the said period of disqualification has already expired. In view of this, there is no live cause of action or continuing legal injury requiring judicial intervention. Accordingly, the writ petition is dismissed as infructuous, while liberty is granted to the petitioner to pursue any other remedies that may be available under law in the appropriate forum.

In the result, the writ petition is dismissed as infructuous. No order as to the costs. Interlocutory applications, if any pending, shall also stand dismissed.