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2025 DIGILAW 908 (TS)

Thokala Anil Kumar v. State of Telangana

2025-06-25

T.MADHAVI DEVI

body2025
ORDER : (T. MA DHA VI DEVI, J.) All these Writ Petitions have been filed challenging the inaction on the part of the respondents in conducting elections to the Local Bodies, i.e., Gram Panchayats though their term was going to expire on 31.01.2024, as illegal, arbitrary and violative of Articles 243E and 243K of the Constitution of India and also as being contrary to the provisions of the Telangana Panchayat Raj Act, 2018 and consequently to direct the Telangana State Election Commission (respondent No.6) to conduct elections to the post of Sarpanches of the respective Gram Panchayats in the interest of justice and to pass such other order or orders. 2. On 13.08.2024, it was submitted by the learned Senior Counsel representing the Election Commission of India that it has issued detailed guidelines for sharing the electoral database along with the proceedings with the State Election Commissions and that respondent No.6-State Election Commission has to give an undertaking for sharing of electoral database and after receiving the undertaking in the prescribed format, respondent No.7-the Election Commission of India shall share the electoral database with respondent No.6-State Election Commission. Observing thus, this Court had directed respondent No.6 to submit the undertaking in the proforma issued by respondent No.7. On 22.08.2024, it was submitted that the Election Commission of India has provided the electoral database to the Telangana State Election Commission on 18.08.2024 and that the State Election Commission started preparing voters’ list on 19.08.2024 and has issued notification of schedule dates for preparation and publication on 21.08.2024. Learned Senior Counsel appearing for the Telangana State Election Commission further submitted that after receiving of the concurrence from the State Government as per Section 197(6) of the Telangana Panchayat Raj Act, 2018, the State Election Commission will issue election notification for conduct of Gram Panchayat elections. On 10.09.2024, learned Additional Advocate General submitted that the Division Bench of this Court has granted three months time for the BC Commission for delimitation exercise and for conducting of Local Body elections and sought time to file a copy of the order of the Division Bench. On 10.09.2024, learned Additional Advocate General submitted that the Division Bench of this Court has granted three months time for the BC Commission for delimitation exercise and for conducting of Local Body elections and sought time to file a copy of the order of the Division Bench. On 24.09.2024, it was submitted that the tentative schedule of Local Body elections of Gram Panchayats would be produced before the Court and on 01.10.2024, the learned Additional Advocate General submitted written instructions issued by the Secretary, PR & RD Department mentioning the tentative schedule for conducting of Gram Panchayat elections and as per the directions of the Hon’ble Division Bench of this Court, the identification of political backwardness for making reservations to BCs and for determination of number of seats/offices for Ward members/Sarpanches to be reserved to BCs and that this action will be completed on or before 10.12.2024. Thereafter, the matter has not been placed before this Court and it is listed today only. 3. Learned Senior Counsel appearing for the petitioners submitted that though the term of the Sarpanches has come to an end on 31.01.2024, more than 14 months have gone by and the respondents have not chosen to take any steps to conduct elections to the Gram Panchayats in the State of Telangana. 4. Learned Senior Counsel appearing for the petitioners has further placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Kishansing Tomar Vs. Municipal Corporation of the City of Ahmedabad and others , [ (2006) 8 SCC 352 ] to submit that where the duration of the Municipality is fixed as 5 years from the date of its first meeting and no longer, it is incumbent upon the Election Commission and other authorities to carry out the mandate of the Constitution and to see that a new municipality is constituted in time and elections to the municipality are conducted before the expiry of its duration of five years as specified in clause (1) of Article 243U and that the State Election Commission shall not put forward any excuse based on unreasonable grounds that the election could not be completed in time. It was further observed that the Election Commission shall try to complete the election before expiration of the duration of five years’ period as stipulated in clause (5) and where it feels that it is not receiving the cooperation of the State Government concerned in discharging its constitutional obligation of holding the elections to the panchayats or municipalities within the time mandated in the Constitution, it will be open to the State Election Commission to approach the High Courts, in the first instance, and thereafter, the Supreme Court for a writ of mandamus or such other appropriate writ directing the State Government concerned to provide all the necessary cooperation and assistance to the State Election Commission to enable the latter to fulfil the constitutional mandate. Therefore, according to the learned Senior Counsel, the Election Commission of India and the State Election Commission have failed to fulfil their constitutional mandate and thus have failed in their duties. 5. Learned Senior Counsel appearing for the State Election Commission relied upon the provisions of Section 197(6) of the Telangana Panchayat Raj Act, 2018 to submit that the State Election Commission will have to file a schedule of elections after getting the concurrence from the State Government and that it is waiting for the said concurrence from the State Government and that it is ready to conduct elections at the earliest. 6. Learned Additional Advocate General appearing for the State Government has relied upon the instructions received in W.P.No.2661 of 2024 giving the approximate days required for completion of election process. It is submitted that there are 5 stages in the process, and 3 stages have already been completed and the last 2 stages are yet to be completed. He submitted that the State Government is ready to cooperate with the State Election Commission for early conduct of elections to the Gram Panchayats. He submitted that the process of identifying the political backwardness of BCs has taken some time and that it is now ready with the data. He placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Vikas Kishanrao Gawali Vs. He submitted that the process of identifying the political backwardness of BCs has taken some time and that it is now ready with the data. He placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Vikas Kishanrao Gawali Vs. State of Maharashtra and others , [ (2021) 6 SCC 73 ] to submit that triple test/conditions are required to be complied with by the State before reserving seats in local bodies for OBCs and that it is the respondent Government which has to undertake the exercise of identifying the areas of political backwardness qua local bodies within the State. He submitted that the State Government has appointed a one Man Commission who has since submitted his report and that, that is the reason why elections could not be conducted before the completion of the tenure of the Gram Panchayats. 7. Having regard to the rival contentions and the material on record, this Court finds that admittedly the tenure of the Gram Panchayats has ended on 31.01.2024 and as per the constitutional mandate, the State Election Commission was required to take steps to conduct elections before the tenure comes to an end. The State Government also has to give its concurrence and provide necessary infrastructure for holding of elections. In this case, the delay in conduct of elections is more than 14 months. Without going into the merits as to whether the delay is justified or otherwise, this Court deems it fit and proper to direct the respondents to complete the 4 th stage of election process, i.e., reservation of seats/offices of Ward members/Sarpanches. The State Government has stated that a minimum of 20 days is required for the said purpose. This Court deems it fit and proper to grant 30 days from the date of receipt of a copy of this order to the State Government to complete the process and after completion of the Stage 4 process, the State Government shall give its concurrence for conducting of elections to the Gram Panchayats on the dates proposed by the State Election Commission and thereafter, election notification shall be issued and elections shall be conducted by the State Election Commission. Sixty (60) days’ time is granted to the State Election Commission to conduct elections and declare the results. Sixty (60) days’ time is granted to the State Election Commission to conduct elections and declare the results. In effect, all the respondents are directed to complete the process and conduct elections to the Gram Panchayats and declare the results on or before 30.09.2025. 8. With the above directions, the Writ Petitions are disposed of. No order as to costs. 9. Pending miscellaneous petitions, if any, in all these Writ Petitions shall stand closed.