MAJLIS BACHAO TAHREEK Vs. STATE ELECTION COMMISSION SECUNDERABAD

JUDGEMENT

(1.) The notification issued by the State Election Commissioner on 28-2-1995 in No.91/SEC/94 allotting inter alia the symbol of Scale to All India Ittehadul Muslimeen, the third respondent herein is challenged in this writ petition. The notification is in the following terms:

(2.) The elections to the Municipal Councils in the State were over last year and as none of the elected members of the Municipal Council or Chairman allegedly elected on the symbol of the third respondent have been impleaded as respondents in this writ petition we are not inclined to test the validity of the impugned notification with reference to the elections held under the A.P.Municipalities Act to various Municipal Councils in the State. As regards elections to Panchayat Raj Institutions also the same reasoning applies and there fore we are not inclined to test the legality of the impugned notification with reference to the elections held to Panchayat Raj Institutions.

(3.) Coming to the elections to be held under the Hyderabad Municipal Corporation Act, 1955 to Hyderabad Municipal Corporation, we are of the view that the contention urged by the learned Counsel Sri K. Ramakrishna Reddy merits acceptance. Section 33 of the Hyderabad Municipal Corporation Act, 1955, for short 'the Act', contemplates that as soon a notification is issued calling upon a ward to elect a Member or Members the Commissioner shall follow the prescribed procedure regarding filing of nominations, scrutiny of nominations, withdrawal of candidatures, date on which poll to be held and other necessary formalities. Thereafter Section 34 comes into play. It is in the following terms: