High Court shocker to TRS govt

High Court shocker to TRS govt
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Highlights

The High Court at Hyderabad on Thursday administered a shock to the Telangana State government on the GO issued by it on the time schedule of GHMC elections. Setting aside the impugned GO, the High Court passed a stay order on the government’s decision curtailing the GHMC election process to 15 days.

Annuls GO on GHMC polls; govt to abide by order

Hyderabad: The High Court at Hyderabad on Thursday administered a shock to the Telangana State government on the GO issued by it on the time schedule of GHMC elections. Setting aside the impugned GO, the High Court passed a stay order on the government’s decision curtailing the GHMC election process to 15 days.

A two-judge bench of the High Court consisting of Chief Justice Dilip B Bhosale and Justice S V Bhatt extended the time for conduct of elections. The court had earlier directed the State government and the State Election Commission to complete the elections by January 31, 2016. Meanwhile, the government proceeded to amend the GHMC Act by reducing the poll schedule.

Marri Sashidhar Reddy and Raghavendar Rao filed writ petitions questioning the action of the government in reducing the time between filing of nominations and conduct of elections. While it is the case of the petitioners that the government could not have amended the Act by an Executive Order, the State government claimed powers under the State Reorganisation Act.

The court repeatedly asked the Advocate General as to how the government could fall back upon its powers under the Reorganisation Act after having exercised the same once. K Ramakrishna Reddy the Advocate General took said that there was no statutory inhibition and the impugned amendment made in GO M/s 5 on January 04 must be construed as a Legislative action and should not be suspended.

The bench stayed the notification restricting the time for various stages in the election. The government is directed to notify the reserved wards for various categories including SC/ ST and BC by Saturday. The bench recorded the statement of the counsel for the Election Commission that it would complete the election process within 31 days thereafter.

Accordingly, the bench modified the time schedule and extended the elections. The State Election Commission told the High Court that it would release election notification by Sunday and sought 31 days’ time to conduct polling.

Following the decision of the High court, the Chief Minister held a meeting with legal experts, officials of department of legal and Municipal and Urban Administration and said that the government would abide by the High Court directions and conduct the GHMC election in 21 days after the issuance of poll notification as mentioned in the court orders.

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