BINGI VENKATESHAM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking a writ of certiorari calling for the records in Election O.P. No.6 of 2019 dtd. 21/7/2022 on the file of the Election Tribunal-cum-Principal Junior Civil Judge, Siddipet, as illegal, arbitrary and without jurisdiction and consequently, prayed to set aside the same.

(2.) The Election to the office of Member of 5th Ward, Gram Panchayat, Lakudaram Village, Kondapak Mandal, Siddipet District, was held on 25/1/2019. The petitioner herein and the respondent No.8 herein contested in the said election. The petitioner was declared as elected having polled 65 valid votes. Questioning the election of the petitioner as Member of the 5th ward of Gram Panchayat, the respondent No.8 filed Election O.P.No.6 of 2019 under Sec. 21 (3) of the Telangana Panchayat Raj Act, 2018 (for short "the Act") r/w 2 (2) (1)(A) of Telangana Panchayat Raj (Authority to dispose petitions in respect of Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads) Rules, 2018 (for short "Tribunal Rules"), issued in G.O.Ms.No.4, Panchayat Raj and Rural Development (Part 3) Department, dtd. 29/1/2019 on the ground that the petitioner herein is having three children at the time of filing of the nomination, which is against the Tribunal Rules and the petitioner suppressing that fact has filed his nomination stating that he is having only two children. The petitioner herein has filed sworn statement before the respondent No.2 for accepting the nomination. The respondent No.8 herein alleged that as on the date of commencement of the Act, the petitioner herein was not eligible to contest the election of Ward Member in view of disqualification provided under Sub-Sec. (3) of Sec. 21 of the Act. Therefore, the petitioner could not have been declared as successful candidate in the election. It was also alleged in the Election Petition that respondent No.8 has gathered the particulars of the children of the petitioner from the Veda English Medium School, Kukunoorpally Village, which is recognized by the Government and also the medical records from the Vijaya Hospital, Siddipet, which shows that the petitioner is having three children and placed reliance upon the certificates issued by the Government. Ex.A.8 is the original bonafide certificate of the first child of the petitioner issued by the Head Master/Principal, Veda English Medium School, Kukunoorpally, Ex.A.9 is the original bonafide certificate of the second child of the petitioner issued by the Head Master/Principal of Veda English Medium School, Ex.A.10 is the birth certificate of the second child of the petitioner issued on 22/2/2019 by the Registrar of Births and Deaths, Ex.A.11 is the original birth certificate of third child of the petitioner issued on 22/2/2019 by the Registrar of Births and Deaths, Ex.A.12 is the child development project officer Lr.No.A/71/2016 dtd. 3/2/2019 enclosing the family members details, Ex.A.13 is the C.C of National Food Security Card and Ex.A.14 is the copy of new ration card (electric print). Another ground urged in the Election O.P was that the petitioner used corrupt practices and distributed alcohol and net cash to the voters in 5th ward and thereby influenced voters. Thus the respondent No.8 herein prayed to declare the election of the petitioner herein as void and to declare him as elected having polled highest number of votes.

(3.) The Election Petition was contested by the petitioner herein denying all the allegations and stated that the election petition is not maintainable and the respondent No.8 has not made any appeal seeking rejection of his nomination before the Returning Officer who is an Appellate Authority and the Appellate Authority was also not made as party to the Election Petition and the Election Petition filed is a defective one and as such it is not maintainable in the eye of law and liable to be dismissed. The parties lead evidence before the Election Tribunal.