Telangana High Court
Sayyeda Ayesha vs Smt. Putta Shylaja Shailaja on 1 October, 2020
Author: G. Sri Devi
Bench: G. Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
CIVIL REVISION PETITION No. 677 of 2020
ORDER:
The present Civil Revision Petition is filed under Article 227 of the Constitution of India, aggrieved by the order, dated 10.03.2020 passed in C.F.No.556 of 2020 (Election O.P.) by the Principal District Judge, Karimnagar, wherein the Election Petition O.P. filed under Section 233 of the Telangana Municipalities Act, 2019 was returned.
The facts in issue are as under:
The petitioner herein filed Election O.P. under Section 233 of the Telangana Municipalities Act, 2019 read with Rule 3 of the Telangana Municipalities (Election Petitions) Rules, 2020 before the Principal District Judge, Karimnagar, seeking the following reliefs:
(1) to declare the election of the 1st respondent on 25.01.2020 as Returned Candidate for Ward No. 2 of Manthani Municipality, Peddapally District as void;
(2) to declare the 1st respondent as disqualified to hold the post of Chairperson of Manthani Municipality, Peddapally District as her election as Chairperson of Manthani Municipality, is void and illegal; and 2 (3) to declare the petitioner as Returning Candidate for Ward No.2 of Manthani Municipality, Peddapally District.
The Office of the Principal District Judge, Karimnagar, has raised an objection stating that the District Judge was not having any territorial jurisdiction as the matter pertaining to Manthani Municipality, which comes under the territorial jurisdiction of V Additional District Judge, Godavarikhani and returned the said Election O.P. Thereafter, the petitioner re-presented the same before the learned Principal District Judge, Karimnagar, which was returned stating therein that the said Court is not having jurisdiction in view of G.O.Ms.No.346, Law (l.A. LE & J-Home Courts-C) Department, dated 16.02.20212. Challenging the same, the present Civil Revision Petition has been filed.
Since the case is not registered issuance of notice to the respondents is not necessary. Hence, heard the learned Counsel for the petitioner and perused the record.
Learned Counsel for the petitioner would submit that as per Rule 4 (a) and (b) of the Telangana Municipalities (Election Petition) Rules, 2020, it is very clear that the Principal District Judge is only competent to entertain the election petitions as there are number of District Judges in the District. She further submits that the learned Principal District Judge, Karimnagar, has erroneously returned the Election O.P. without appreciating the rule position and prayed to allow the revision. 3
Before proceeding further it would be relevant to extract Section 233 of the Telangana Municipalities Act, 2019, which reads as under:
"233. Election Petitions: (1) No election held under this Act shall be called in question except by an election petition presented to the Election Tribunal. (2) The Government may specify a Court of District Judge to be an Election Tribunal to try the election petitions under this Act.
(3) The Tribunal shall deal with such petitions and proceedings in connection there with in the manner prescribed."
Rule 4 of the Telangana Municipalities (Election Petitions) Rules, 2020, reads as under:
"4. Election Tribunal : The Election Tribunal shall be
(a) the District Judge having territorial jurisdiction over the Municipal area, or
(b) if there are more than one such District Judge, the Principal District Judge of the District."
Apart from that Rule 9 (1) of the Telangana Municipalites (Election Petitions) Rules, 2020, every election petition shall be inquired into by the Election Tribunal as nearly as may be in accordance with the procedure applicable to the trial of suits under the Code of Civil Procedure, 1908.
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From the above provisions, it is clear that only the Principal District Judge of the District will get jurisdiction to try the elections petitions under the Telangana Municipalities Act, 2019. Though Section 11 (2) of the Telangana Civil Courts Act, 1972, confers powers on the District Judge to appoint an Additional District Judge to perform any of the functions of the District Judge or any other law for the time being in force, but no such specific appointment of any of the Additional District Judge, was done to try the election petitions.
As the subject matter is pertaining to the election of the 1st respondent as Councillor of Ward No.2, Manthani Municpality and her subsequent election as Chairperson of Manthani Municipality and in view of Rule 4 of the Telangana Municipalites (Election Petition) Rules, 2020, the Principal District Judge, Karimnagar, shall have the jurisdiction to entertain the election petitions, the order of the Principal District Judge, Karimnagar, dated 10.03.2020 in C.F.No.556 of 2020, in returning the Election O.P. for presentation before the proper Court is not sustainable.
Accordingly, the Civil Revision Petition is allowed at the admission stage, setting aside the order dated 10.03.2020 passed in C.F.No.556 of 2020 (Election O.P.) by the Principal District Judge, Karimnagar and the learned Principal District Judge, Karimnagar, is directed to number the Election O.P., if it is 5 otherwise in order and dispose of the same in accordance with law. There shall be no order as to costs.
As a sequel thereto, Miscellaneous Petitions pending if any, shall stand closed.
__________________ JUSTICE G. SRI DEVI 01.10.2020 gkv 6