Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to proceed with conduct of elections to the Shivunipalli Grama Panchayat of Station Ghanpur Mandal, District Jangoan until rectifying the Census dt, 31-11-2011 and to allocate the reservation in accordance with law, pending disposal of the above WP No. 2950 of 2019, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case)
The Order of the Court was delivered by
Sanjay Kumar, J.:— Mr. Prabhakar Chikkudu, learned counsel for the petitioners, would assert that the census figures of the year 2011 in relation to Shivunipalli Village are factually incorrect and on the strength thereof, the Sarpanch post of Shivunipalli Gram Panchayat has been reserved for Scheduled Tribe category. Learned counsel would state that Election Notification dated 12.02.2014 has been issued by the Telangana State Election Commission and Annexure-II thereto indicates the election schedule. He would further state that the Returning Officer would be independently issuing the election schedule today. In these circumstances, learned counsel would assert that unless this Court grants a direction to the respondents not to proceed with the election to the subject Gram Panchayat, the writ petition would be rendered futile.
2. Ms. Priyanka Singh, learned counsel representing Mr. P. Sudheer Rao, learned counsel for the Telangana State Election Commission, would inform this Court that as per the notified election schedule, the nominations are to be submitted from today and the election is scheduled to be held on 28.02.2019.
3. As the basis for the reservation effected to the post of Sarpanch of Shivunipalli Gram Panchayat is the census figures of 2011 and the correctness thereof cannot be determined by this Court at this stage when the Union of India is yet to file its counter-affidavit, it would not be appropriate for this Court to act upon the unilaterai assertion of the petitioners to the effect that the said census figures are factually incorrect. That apart, in the light of the law laid down by the Supreme Court in N.P. PONNUSWAMI v. THE RETURNING OFFICER, NAMAKKAL CONSTITUENCY, NAMAKKAL, SALEM DISTRICT (AIR 1952 SC 64) and later decisions, it would not be proper for this Court to interfere with the electoral process after issuance of the election notification. Thus, on both counts, this Court is not inclined to restrain the conduct of the proposed election to the post of. Sarpanch of Shivunipalli Gram Panchayat scheduled to be held on 28.02.2019.
4. The IA is accordingly dismissed.