Telangana High Court
Sri. Boddu Srinivas vs The State Of Telangana on 25 June, 2025
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION NO.2399 OF 2024,
WRIT PETITION NO.2406 OF 2024,
WRIT PETITION NO.2410 OF 2024,
WRIT PETITION NO.2413 OF 2024,
WRIT PETITION NO.2661 OF 2024
AND
WRIT PETITION NO.2665 OF 2024
COMMON ORDER
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
W.P.Nos.2399, 2406, 2410,
2 2413, 2661 & 2665 of 2024
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
W.P.Nos.2399, 2406, 2410,
3 2413, 2661 & 2665 of 2024
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.
W.P.Nos.2399, 2406, 2410,
4 2413, 2661 & 2665 of 2024
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 1 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
1
(2006) 8 SCC 352
W.P.Nos.2399, 2406, 2410,
5 2413, 2661 & 2665 of 2024
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
W.P.Nos.2399, 2406, 2410,
6 2413, 2661 & 2665 of 2024
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. State of Maharashtra and others2 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
2
(2021) 6 SCC 73
W.P.Nos.2399, 2406, 2410,
7 2413, 2661 & 2665 of 2024
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 4th 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. 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.
W.P.Nos.2399, 2406, 2410,
8 2413, 2661 & 2665 of 2024
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.
___________________________
JUSTICE T. MADHAVI DEVI
Date: 25.06.2025
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