A writ petition challenging a time-bound disqualification becomes infructuous once the period of disqualification expires by efflux of time, as no effective or enforceable relief can be granted.

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 Order No. 739/TSEC-L(KRMN)/2015-ZPTC(4) dated 25.11.2017 & Order No.316/TSEC-L-KRN/2017-(288) 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 consequently hold 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.…”

2. Though Sri A.Ravinder, learned counsel is on record for the petitioner, today, none appeared for the petitioner. Heard Sri P.Ashok Kumar, learned Assistant Government Pleader, representing Mrs.Shazia Parveen, learned Government Pleader for Panchayat Raj and Rural Development, Sri Santosh Reddy, learned counsel representing Sri K.Pradeep Reddy, learned standing counsel for the Telangana Zilla Parishad and Mrs.Vrinda Agarwal, learned counsel representing Sri P.Sudheer Rao, learned standing counsel for State Election Commission of Telangana.

3. The case of the petitioner, in brief, the petitioner challenges the orders dated 25.11.2017 and 19.01.2018 issued under the Telangana Panchayat Raj Act, 1994 disqualifying him for three years from contesting elections on the ground of non-submission of election expenses. He contends that he had submitted the accounts within the stipulated time, but the authorities failed to acknowledge or forward them. The disqualification, issued after four years, is alleged to be arbitrary, illegal, violative of principles of natural justice and contrary to Articles 14, 16, and 21 of the Constitution of India. He seeks quashing of the impugned orders and restoration of his right to contest elections.

4. The learned Assistant Government Pleaders submit that the present writ petition has become infructuous as the impugned orders disqualifying the petitioner for a period of three years under the Telangana Panchayat Raj Act, 1994 have already expired. The period of disqualification has expired by efflux of time and no surviving cause of action remains for adjudication. Since the petitioner is no longer under any disability to contest elections, no effective or enforceable relief can now be granted. Therefore, the writ petition is liable to be dismissed as infructuous.

5. In view of the submission made by the learned Assistant Government Pleader and upon perusal of the record, it is evident that the impugned orders passed under the Telangana Panchayat Raj Act, 1994 disqualifying the petitioner for a period of three years have already run their course by efflux of time. The period of disqualification has expired and no subsisting disability survives against the petitioner as on date. Since the relief sought in the present writ petition pertains to setting aside the said disqualification and enabling the petitioner to contest elections and as the said disqualification period has already lapsed, no effective or meaningful relief can now be granted.

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