Ramtenki Vimala v. 2. The Telangana State Election Commisston

Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more partlcularly one in the nature of writ of Quo- Warranto A) Declaring that the 6th Respondents is ineligible to contest to the post of ward Member of Ward No. 3 under the Beebra Gram Panchayat, Dahegaon Mandal, Komaram Bheem Asifabad District, as she is accused in criminal case registered vide FIR No. 89/2024, dated 2010912024 on the file of the Dahegoan Police Station, Kumarambheem Asifabad for the offences punishable U/s. 85, r/w' 3 (5) BNS and Sections 3, 4 of Dowry Prohibition Act, which is against the mandate to Section 21 and 22 of the Telangana Panchayat Raj Act, 2018 (Act No. 5 of 2018), requiring that there shall not be any criminal antecedents to the consenting candidates to contest for the said post and thereby declara' on, dated 141'1Z2025 issued by the 5th Respondent declaring the 6th Respond€ r t as Ward Member of Ward No. 3 under the Beebra Gram Panchayat, Dahegir ,n [\.4andal, Komaram Bheem Asifabad District, without considering the Represer ations dt.O211212025, and 2011212025, submitted by the Petitioner, being highly i egal, arbitrary and in violation of Article 14 of the Constitution of lndia and that ' re election of the 6th Respondent is void, B) To declare the Petitioner as the Ward Member of Ward l"l ) 3 under the Beebra Gram Panchayat, Dahegaon Mandal, Komaram Bheem I sifabad District, who placed in the rd Position in the election conducted on 14112'',025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r i cumstances stated in the affidavit filed in support of the petition, the High Court rr: the official respondents to stop the 6th respondent from Member of Ward No.3 under the Beebra Gram Panchaya Komaram Bheem Asifabad District, pursuant to the rl petitioner dated 0211212025 and 2011212025, submitted by :l to the election of the 6th Respondent as Ward Member of \ y be pleased to direct ;wearing in as Ward , Dahegaon Mandal, )resentations to the e Petitioner pursuant y'ard No. 3 under the Beebra Gram Panchayat, Dahegaon Mandal, Komaram Bl r em Asifabad District, pending disposal of the writ petition. Counsel Counsel Cou nse I Counse I Counse I for the for the for the for the for the Petitioner: Ms. M.RAJESWARI Respondent No.1: GP FOR PANCHAYAT i qJ & RURAL DEV Respondent No.2: SRI P.SUDHEER RAO, S C FOR TSEC Respondent Nos.3 & 4: GP FOR REVENU: Respondent No.S: SRI K.PRADEEP REDD) , SC FOR MPP Counsel for the Respondent No.6: - ZPP The Court made the following: ORDER IN THE TIIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD THE HONOT]RABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.39636 OF 2025 DATED 123.L2.2025 Between: Ramtenki Vimala AND The State of Telangana rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad and 5 others ORDER ... Petitioner Respondents In this Writ Petition, the petitioner is challenging the action on the part of 5th respondent in declaring the 6'h respondent as Ward Member of Ward No.3 of Beebra Gram Panchayat, Dahegaon Mandal, Komaram Bheem Asifa District, without considering the representations dt.02.12.2025 and20.12.2025 of the petitioner, as illegal and arbitrary.

2. The petitioner claims to have made a written complaints dt.02.12.2025 and20.12.2025 and the grievance of the petitioner is that the same has not been considered by the official respondents. The 2 petitioner is therefore seeking a direction to cor iider the said representations and cancel the nomination of the 6th rt: pondent ttn the ground that a criminal case vide FIR.No.89/2024 c..20.09.2024 IS registered against the 6th respondent and to grant such o I er relief.

3. According to the leamed counsel for the petitior Lr r, there has not been any strict adherence to the rules by the authorities

4. 'fhe petitioner claims to be one of the contestan.l for the post of Ward Member of the concemed Gram Panchayat, 6tl' r: ;pondent as her opponent and the 6'h respondent has won as Wartl 4ember. It is submitted that though it is brought to the notice of auttu rities that there is a crime registered against the 6th respondent vide .IR.No.89/2024 through her representations, no action has been taken.

5. l-earned Standing Counsel for the State Electior -.ommtsslon as well as the leamed Govemment Pleader for PanchaviLt Raj and Rural Development and leamed Standing Counsel for the : rncemed Gram Panchayat are alI heard. 6- This Court finds that the elections have already ,een completed and the result of the election is declared and thereafter, z .ry dispute with 3 regard to the same has to bo raised only in an eloction petition before the Election Tribunal. In view thereof, this Writ Petitlon is not maintainable.

7. The Writ Petition is accordingly dismissed. No order as to costs. However, liberty is granted to the petitioner to raise a dispute on the above issues before the Election Tribunal if she so chooses.

8. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed. SD/.A.V.S. PRASAD DEPUW REGISTRAR ltol---./ SECTION OFFICER / //TRUE COPY// One CC to Ms. M.RAJESWARI' Advocate tolggl ^. Two ccs to GP FoR PANCiAV;i'RAJ-a'RURAL DEV' High Court for the sirie J felansana, at Hvderabad' [oUT] .. ;. ,ir,il"cc; i;"6F cdn iieviNuE, Hi'gh c6urt for the state of Telansana, at Hvderabad. [OUT] 6i'i,"bCi.ishrF.6uoneEn RAo, sc FoR r-sEC [oPUC]- - ^' . il; dd i" 5rii x.FnnoeEi' neoov, sc FoR MPP zPP [oPUC] . Two CD CoPies To 1 z 3 4 q 6 PSK. GJP HIGH COURT DATED:2311212025 ORDER WP.No.39636 of 2025 ./-'.. .r . ,r't| C:: " -' ,1rr-.;. j :u ,l -"-: t, :. a ii^ N.. rt' , .) .i; -:. \. \ ;.1:r 'ti \\; '': .! J ..''-''.. +( i.,,:i r '-i -.1, DISMISSING THE WRIT PETITION WITHOUT COSTS \O \n0