JETTI SANDHAYA RANI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner challenges her disqualification order dated 10.01.2020 passed under Section 23 of the Telangana Panchayat Raj Act, 2018, read with Rule 106 of the Telangana Panchayat Raj (Conduct of Elections) Rules, 2018.

(2.) It is a case where the petitioner was elected as a Ward Member, Ward No.1 of Wadkapur Grampanchyat on 30.01.2019. Results were also declared on 30.01.2019. In terms of Section 237 and 238 of the Rules, the petitioner is required to submit the election expenditure within 45 days i.e., on or before 18.03.2019. It is the case of the petitioner that as per the impugned order, the petitioner was issued with a Show Cause notice on 11.11.2019, which was served through MPDO on 05.12.2019, putting the petitioner on notice that the petitioner had failed to comply with the mandatory submission of election expenditure in terms of Section 103 of the Rules within 45 days, and as such she has incurred disqualification in terms of Section 23 of the Act. The petitioner denies having received any such Show Cause notice on 05.12.2019. Inasmuch as there was no Show Cause notice issued to the petitioner, the petitioner asserts that had a Show Cause notice been issued to the petitioner, the petitioner would have submitted her explanation, more particularly, with respect to the factum of submission of election expenditure.

(3.) Counter affidavits have been filed by the State Election Commission, and also by the MPDO.