PINJARI BEGUM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed challenging the proceedings dt.17.06.2019 issued by the 3rd respondent disqualifying the petitioners as Mandal Parishad Territorial Constituency Members.

(2.) Sri B.Veera Reddy, learned Senior Counsel for the petitioners submits that the impugned orders were passed without following due procedure; that there is only one candidate in whose favour the party Whip is issued, and is herself disqualified since she was not seconded by anybody, as such question of disobeying Whip does not arise; and that on issuance of show cause notice regarding disqualification of the petitioners they have submitted explanations, but no speaking order is passed, which is in violation of principles of natural justice.

(3.) On the other hand learned Government Pleader for Panchayat Raj as well as learned counsel for the 4th respondent submits that petitioners have alternative remedy under Section 148 of the Telangana Panchayat Raj Act, 2018 (for short 'the Act'). They also submit that the action of the petitioners comes under disobedience of Whip which attracts disqualification. They also relied on the Judgment of this Court in WP.No.12795 of 2019.