State files plea in HC over single-judge instructions on delimitation


Karimnagar municipal commissioner files the appeal on behalf of the State; bench to hear plea after petitioner submits single-judge order copy

A day after a single judge of Telangana High Court passed an interim direction over delimitation of three divisions of Municipal Corporation of Karimnagar (MCK), the State government on Wednesday filed an appeal before a division bench of the High Court on the matter. The bench of Chief Justice Raghvendra Singh Chauhan and Justice A. Abhishek Reddy, however, declined to hear the appeal observing that the petitioner had failed to furnish order copy of the single judge.

The bench is likely to hear the appeal plea in a day or two following submission of the order copy. The MCK Commissioner G. Venu Gopal Reddy, who filed the appeal on behalf of the government, sought suspension of the single judge order paving way for the polls to the city’s civic body.

The petitioner stated that the order was passed without appreciating facts and circumstances. The order is contrary to the law laid down by the Supreme Court, the petitioner stated.

Writ petitions

Four writ petitions relating to division of ward nos. 3, 24 and 25 in KMC were filed before the single judge bench. The petitioners alleged that the mandatory delimitation procedures were not followed during division of wards.

Both, these writ petitions and a PIL plea seeking deferment of municipal polls across the State, came up for hearing before the single judge and the division bench respectively the previous day. The division bench, which continued to hear the arguments till 6.30 p.m., dismissed the PIL plea giving green signal to elections in 120 municipalities and 10 municipal corporations in the State.

A little later, the single judge passed an oral order directing the authorities to make corrections to the delimitation of division nos. 3, 24 and 25 in the MCK without stalling the process of elections.

However, changing boundaries of the divisions would involve some official procedures and issuing of notifications.

Hence, the SEC did not include MCK in the list of municipal corporations for which polls are to be held in a notification issued on Tuesday night.

As the single judge instructions came in the way of holding polls to the MCK, its Commissioner filed an appeal before the division bench.

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Printable version | Jan 28, 2020 7:55:08 PM | https://www.thehindu.com/news/cities/Hyderabad/state-files-plea-in-hc-over-single-judge-instructions-on-delimitation/article30517640.ece

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