(sHow CAUSE NOTICE BEFORE ADMTSSTON)

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

FRIDAY, THE FOURTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY

:PRESENT:
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

WRIT PETITION NO: 22176 OF 2020

Between:
1. K. Anthony Reddy, S/o K.Raja Reddy
2. K.Surender, S/o. K. Gyaneshwar
Petitioners

AND

l. The State of Telangana, rep. by its Principal Secretary, Municipal Administration &
Urban Development Department, Secretariat Buildings, Hyderabad.
2. The Telangana State Election Commission, Represented by its Secretary, lsrFloor, DTCP
building, Opposite PTI, AC Guards, Hyderabad.
3. The Commissioner & Election Authority, Greater Hyderabad Municipal Corporation,
Hyderabad.
Respondents

WHEREAS the petitioner above named through their Advocate Sri Naresh Reddy
Chinnolla, presented this Petition under Article 226 of the Constitution of India, praying that in
the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue
any appropriate writ, order or direction one more particularly one in the nature of Writ of
Mandamus declaring the Lr No.l\92/TSEC-ULBs-GHMC1212} dated 03.12.2020 issued by the
Respondent as illegal, arbitrary, contrary to the election laws and procedure and for being
unconstitutional and set aside the same and consequently order judicially enquiry by the retired
High Court Judge in respect of the aiding malpractices, illegalities done by the respondent
authorities;

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein, and upon hearing the arguments of Sri Naresh Reddy Chinnolla, Advocate for the
Petitioners, and of Sri G. Vidyasagar Rao, Senior Counsel appearing for Sri P. Sudheer Rao,
Standing Counsel for Respondent No.2, directed issue of notice to the Respondents herein to
show cause as to why this WRIT PETITION should not be admitted.

You viz:
l. The Principal Secretary, Municipal Administration & Urban Development Department,
State of Telangana, Secretariat Buildings, Hyderabad.
2. The Secretary, Telangana State Election Commission, I't Floor, DTCP building, Opposite
PTI, AC Guards, Hyderabad.
3. The Commissioner & Election Authority, Greater Hyderabad Municipal Corporation,
Hyderabad.

are directed to show cause on or before 07 -12-2020 to which date the case stands posted as to
why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed)
this WRIT PETITION should not be admitted.

IA NO: I OF 2020:

Petition under Section 151 of CPC, praying that in the circumstances stated in the
affidavit filed in suppo( ofthe writ petition, the High Court may be pleased to suspend the Lr.
No. lI92/TSEC-ULBs-GHMC/2020, dated 3-12-2020 issued by the respondent, pending
disposal of WP No. 22176 of 2020, on the file of the High Court.
The Court made the following: OR-DER:

"Notice before admission.

The present writ petition is filed with the following relief:-

"...., that this Hon'ble Court may be pleased to issue any apprrrpriate Writ,
Order or Direction one more. particularly one in the nature of r*'rit r,f Mandamus
declaring the Lr.No.1 192/TSEC-ULBs-GHNIC12020 dated 03.12.2020, issued by
the respondent as itlegal, arbitrary, contrary to the election laws and procedure
and for being unconstitutional and set aside the same and consequently order
judicially enquiry by the retired High Court Judge in respect of the aiding
malpractices, illegalities done by the respondent authorities and pass such other
order/orders as this Hon'ble Court may deem fit and proper in the light ofjustice
and equity".

A reading of the impugned letter issued by the Telangan;r Statc Election

Commission does not make it clear as to whrt the Election Commissiorrer has meant by
"the distinguished mark'' when there is a fixed procedure for marking the ballot papers
with the 'Arrow Cross Mlark' provided by the REturning Officers, the question of marking
the ballot papers with other modes of marking cannot be countenanced. Even though Sri
G.Vidyasagar Rao, learned Senior Counsel appearing on behalf of P.Sudheer Rao, learned
Standing Counsel for the State Election Commission, has stated that the said clarification
had to be issued as in some of the Polling Stations the distinguished mark which was
supplied by the State Election Commission was different from the regular one and
immediately, after noticing the same, they were changed, but by that time some of the
voters had already cast their votes, Unless and until a counter is filed b1'the respondents,
the reason which warranted for passing the present impugned clarifiration rvill not be

known.
. In view of the same, the impugned letter, dated 03.12,2020,, is ruspendcd for the
present. However, the Telangana State Election Commission is direct ed to inform the
Returning Officers and other Officers to keep the ballot papers, rvhich anr not marked rvith
the'Arrow Cross Mark' separately and keep a count ofthose disputed ballot papers till the
writ petition is decided. If the margin of difference in the votes polled in l avour of the First
and Second candidate is more than the disputed ballot papers, the Electron Officer is free
to declare the results. If the margin is less than the disputed ballot papers, then the
disputed ballot papers shLall not be taken into account and the results ofthat Ward may not
be declared. The disputed ballot papers shall be kept in safe custody along with other
ballot papers, as per the rules in vogue.
Post on 07.12.2021) to enable the learned Standing Counsels to file lheir counters."

Sd/ K.SHYLESHI
//TRUE COPY// ASSTST NT RE GJSfRAR

SE(]TTO OFFICEIT
To,
1. The Principal Secretary, Municipal Administration & Urban Development Department,
State of Telangana, Secretariat Buildings, Hyderabad.
2. The Secretary, Telangana State Election Commission, 1" Floor, DTCP building, Opposite
PTI, AC Cuards, Hyderabad.
3. The Commissioner & Election Authority, Greater Hyderabad Municipal Corporation,
Hyderabad. (Addressees 1 to 3 BY SPL. MESSENGER)
4. Two CCs to Advocate General, High Court ofTelangana, at Hyderabad (OUT)
5. One CC to Sri P. Sudheer Rao, Standing counsel (OPUC)
6. Two CCs to GP for Municipal Admn., High Court of Telangana, at Hyderabad (OUT)
7. One CC to Sri Pasham Ikishna Reddy, Standing counsel (OPUC)
8. One CC to Sri C.Naresh Reddy, Advocate (OPUC)
9. One spare Copy
HIGH COURT

AAR,J

DATE:4-12-2020

NOTE: POST ON 7-12-2020

NOTICE BEFORT] A.])MISSION

WP. NO. 22116 OF 2t020

SUSPENSION

$f