Telangana HC dissatisfied with CEC response



Hyderabad: Justice K. Sarath of the Telangana High Court voiced his dissatisfaction at the stance of the Election Commission of India (ECI). Counsel for ECI sought two weeks to inform the court about the time it would take to submit the electoral data lying with it. The Chief Election Commissioner, the court was informed, was visiting Kashmir in connection with the possibility of conducting elections there. “Is he the election commissioner for the entire country or only for a state,” the judge asked pointedly, irked by the stance of the constitutional authority. The judge was hearing a batch of writ pleas filed by Kopulu Parvathi and others complaining of failure to conduct elections to local bodies at the panchayat level. It is contended by the petitioners that such failure was a constitutional violation and also violated provisions of the Telangana Panchayat Raj Act. They complained that the inaction on the part of the state government and the State Election Commission in conducting the said election amounted to defeating the concept of local self-government. Senior counsel G. Vidya Sagar would seek to steer clear of the controversy by volleying the inaction to the court of the state government and the central election commission. He pointed out that the role of the state election commission (SEC) was dependent on concurrence from the state government. He pointed out the relevant rules which required the Assembly electoral roles to be made available ward wise and village wise. In the absence of recommendations from the BC commission, he said that the election may have to be held without providing for reservation for backward classes. Vidyasagar also said that SEC would require 100 days after such electoral rolls are made available to conduct the said elections. Earlier, the judge suo moto impleaded the ECI in view of the visible short coming from the said quarter. On Thursday, when the judge was informed about the non-availability of the CEC, he observed that as of today there was no announcement in public domain notifying elections in J&K. The judge posted the matter to August 13.

HC takes up retired court employee’s plea for release of admitted dues

Justice Pulla Karthik of the Telangana High Court took on file a writ plea of retired process server at principal district and sessions court, Nizamabad, alleging non-payment of his dues. The judge was dealing with a writ plea filed by Challargarge Narayana, who alleged that the state and Nizamabad district treasury offices were not releasing his admitted dues towards the general provident fund, commutation, gratuity and earned leave encashment despite having generated in comprehensive financial management system. The petitioner alleged that actions of the respondent authorities were unreasonable and in violation of the constitution. After hearing the petitioner, the judge directed the government pleader to get instructions from the respondent authorities.

HC notice to PSC in contempt case

Justice T. Madhavi Devi of the Telangana High Court ordered notice to the secretary of Telangana State Public Service Commission, commissioner and director of school education and others in a contempt case pertaining to appointment to the post of secondary grade teacher. The judge was hearing a contempt case filed by Kola Ashok. The petitioner alleged that the respondent authorities wantonly failed to comply with the earlier orders passed by the judge. Earlier the judge, by a common order, directed the respondent authorities to revise the detailed vacancy provision in accordance with Section 34(2) of the Persons with Disabilities Act, 2016 by following correct formulas and considering the case of the petitioners for appointment if otherwise found eligible as per their merit and disability. Section 34(2) of the Act provides for the procedure of filling vacancy due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons. After hearing the petitioner, the judge ordered notice and posted the matter after four weeks.

Notice to Nalgonda welfare officer in contempt case

Justice T. Madhavi Devi of the Telangana High Court ordered notice to the Nalgonda district welfare officer at Telangana women child disabled welfare and senior citizens department and other authorities in a contempt case relating to reengagement of an outsourcing staff. The judge was dealing with a contempt case filed by G. Sandeep Kumar, who worked as a subordinate at the respondent department. The petitioner alleged that the respondent authorities deliberately failed to comply with earlier directions passed by the judge in a writ plea challenging his termination. Earlier the judge set aside termination of the petitioner by the respondent authorities as it was in violation of the principles of natural justice. The judge also directed the respondent authorities to consider petitioner’s case for re-engagement on outsourcing basis, if there was work and pay salary for the period for which the petitioner had rendered his services. The petitioner alleges that despite directions, the orders of the judge were not complied with. After hearing the petitioner, the judge ordered notice to the respondent authorities.

HC to hear plea that challenges vires of GO on Monday

A two-judge panel of the Telangana High Court will on Monday hear a writ petition challenging the vires of G.O. Ms. No: 33 Health medical and family welfare C1 Department qua local status of candidates for admission into MBBS/BDS. The panel, comprising Justice Sujoy Paul, and Justice J Sreenivas Rao, was dealing with a writ plea filed by Kalluri Naga Narasimha Abhiram seeking to declare Rule 3 a of Telangana medical and dental colleges admission into MBBS and BDS courses Rules 2017 as amended by a government order issued on July 19 2024, unconstitutional. The petitioner alleged that authorities with malafide intention to overrule the earlier judgment of division bench passed the present government order. It was further sought by the petitioners to declare them as local candidates for all purposes of admission pursuant to NEET UG 2024 under competent authority quota 2024-25. The judge accordingly posted the matter to Monday for further adjudication.



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