IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETTION No.2504 OF 2010 Between: Mohd. Abdul Qavi Abbassi ..... Petitioner And 1. State of A.P., Rep. by its Secretary, Municipal Administration and Urban Development, Government of A.P., Hyderabad & 5 others …Respondents The Court made the following: HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETTION No. 2504 OF 2010 ORDER: This Writ Petition is filed by the petitioner seeking for issuance of writ of mandamus declaring the action of respondents 1 and 2 in not constituting the Election Tribunal under Section 75 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘GHMC Act’) as illegal, arbitrary and violative of Article 14 of the Constitution of India, besides being violative of principles of natural justice, while issuing a consequential direction to respondents 1 and 2 to constitute an Election Tribunal under Section 75 of the GHMC Act forthwith or alternatively direct the Chief Judge, City Civil Court, Hyderabad, to initiate the Election Petition O.P.SR.No.25853 of 2009 under Section 17 of 1990 (GHMC Act). 2. The case of the petitioner is that pursuant to the Election Notification No.1107/SEC.F1/2009-2, dated 28.10.2009, issued by the third respondent for the purpose of electing the Corporators to the GHMC to be held on 23.11.2009, he filed his nomination before the 5th respondent for Modhulpura Ward 40 as a candidate of Telugu Desam, whereas the 6th respondent filed his nomination for the same ward as a candidate from All India Majilis Itehad-Ul-Muslimeen (AIMIM) besides 12 other candidates. The 6th respondent is ineligible in view of disqualification suffered under Section 21-B of the GHMC Act which mandates that a person having more than two children shall be disqualified for election or continuing as a member, provided that the birth within one year from the date of commencement of the said Act, 1994 of an additional child shall be taken into consideration for the purpose of this Section, whereas the Act came into force on 30.04.1994 and the 6th respondent could have had one more child, besides two children on or before 30th April, 1995, and if the 6th respondent has any additional child above two children after 30.04.1995, he is disqualified to file an application as a candidate for the GHMC Elections and if for any reason, either by separation or otherwise, if he own the election and continuing as a Corporator, then also he should suffer the disqualification either by way of an elected candidate, is disqualified from continuing as Corporator. Under those circumstances, questioning the nomination of the 6th respondent, the petitioner filed an application before the 3rd respondent and no action was taken thereon. Therefore, the present Writ Petition is filed. 3. Section 75 of the GHMC Act reads as under: “Election Tribunal:- (1) The Government may, for the purpose of providing speedy disposal of election petitions in respect of an election petitions in respect of an election under this Act, appoint any person who is or has been or is eligible to be appointed as a Judge of the High Court as an Election Tribunal (hereinafter referred to as the “Tribunal” for such period as may be necessary, for trial of petitions in respect of an election under this Act: Provided that if there are only a limited number of such cases, the Government may, with the concurrence of the Chief Justice of the High Court, by notification specify a Court of District Judge to be an Election Tribunal to try the Election petitions under this act. (2) The Tribunal shall deal with such petitions and proceedings in connection therewith in the manner prescribed.” 4. The learned Government Pleader appearing for the respondents submits that the Election Tribunals have been constituted as contemplated under Section 75 of the GHMC Act as referred to above. In view of the same, the Writ Petition becomes infructuous. 5. Accordingly, the Writ Petition is dismissed as infructuous. _________________ G. CHANDRAIAH, J Date: 23rd December, 2010 KL HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETTION No.2504 OF 2010 December 23, 2010. KL