Common Order

1. W.P. No.5470 of 2026 is filed seeking a declaration that the petitioner be declared as duly elected Chairperson of the 4th respondent Municipality pursuant to the election conducted on 17.02.2026, and further direct the 3rd respondent to conduct election to the post of Vice-Chairperson.

2. W.P. No. 6248 of 2026 is filed questioning the action of the 3rd respondent in not conducting the election for the post of Vice-Chairperson of the 4th respondent Municipality, despite the petitioner being an aspirant and having majority support as being illegal, arbitrary, and contrary to Section 20 of the Telangana Municipalities Act, 2019 and the Telangana Municipalities (Conduct of Election of Chairperson and Vice-Chairperson of Municipal Council and Deputy Mayor of Municipal Corporation) Rules, 2020, with a consequential prayer seeking direction to 3rd respondent to conduct the election to the post of Vice-Chairperson of the 4th respondent Municipality.

3. Since the issues and facts that arise for consideration are common, both the writ petitions are heard together and disposed of by way of this common order.

W.P. No.5470 of 2026 is taken as lead matter and the brief facts of the case are as follows:

4. The 4th respondent issued a notification dated 28.01.2026 for conduct of Municipality elections. Elections were held on 11.02.2026. The petitioner submits that he was elected as Ward Member No.9 of the 4th respondent Municipality and took oath on 16.02.2026. On the same day, a meeting was scheduled for conduct of election to the posts of Chairperson and Vice- Chairperson. Admittedly, 24 members were elected for the 4th respondent Municipality. Out of them, 13 members belong to BRS party, 8 members belong to Congress party, 2 members belong to BJP party, and 1 is an Independent. It is submitted that one BJP member and the Independent member extended support to BRS party. The petitioner belongs to BRS party and 19th ward member and was elected representing BRS party. On 16.02.2026, when the meeting was convened, since the elected ward member of Ward No.19 did not attend, the election was postponed to 17.02.2026. On 17.02.2026, a Habeas Corpus Writ Petition, vide W.P. No.4958 of 2026, was filed by the son of the 19th Ward Member, and an interim order was passed by the Division Bench of this Court not to proceed with the conduct of the election. However, before communication of the interim order, the meeting was convened. The 19th Ward Member (whose son filed the W.P. No.4958 of 2026) voluntarily participated in the election after taking oath and voted in favour of the petitioner. Photographs have been filed in support of the submissions made in the affidavit.

5. It is the case of the petitioner that 15 members participated in the election process, duly signed the register maintained for the said purpose, and petitioner secured 15 votes in the election conducted on 17.02.2026. However, before formal declaration of results, 3rd respondent received information regarding the interim stay granted by the Hon’ble Division Bench of this Court and only step was left for declaration that the petitioner was elected and notification of the same was not undertaken. Thereafter, W.P.No.4958 of 2026 was directed to be listed on 18.02.2026 and the 19th ward member was produced before the Division Bench of this Court. Recording the contentions of all the parties, the Division Bench of this Court disposed of the Habeas-Corpus petition and vacated the interim order granted earlier.

6. The petitioner contends that, in view of the vacation of the interim order and in terms of Section 20 of the Telangana Municipalities Act, 2019 and Rule 6 of the Telangana Municipalities and Municipal Corporations (Conduct of Election of Chairperson and Vice-Chairperson of Municipal Council and Mayor and Deputy Mayor of Municipal Corporation) Rules, 2020, the 3rd respondent is bound to declare the petitioner as elected and to proceed with the election of the Vice-Chairperson immediately. It is further submitted that Rule 6 makes it clear that the meeting can be adjourned only in case there is no quorum and that the election can be conducted if half of the members are present. Therefore, the 3rd respondent conducted the election on 17.02.2026 as per the procedure and cannot defer declaration of the result.

7. The grievance of the petitioner is that, despite the election having been conducted, the 3rd respondent has not proceeded with the subsequent steps as required under the provisions of the Act. Alleging inaction, the petitioner has filed the present writ petition seeking a direction to the 3rd respondent to declare the petitioner as duly elected Chairperson for the 4th respondent Municipality and to convene a meeting for the conduct of the Vice-Chairperson election for the 4th respondent Municipality. It is also submitted that under the influence of the party in power, the 3rd respondent is dodging the issue by addressing and sending reports to the State Election Commission. A representation was also made on 18.02.2026 to the respondents, referring to the orders passed by this Court requesting that the petitioner be declared as Chairperson. As no action has been taken forthwith, the petitioner has filed the present writ petition.

8. Mr. G. Vidhya Sagar, learned Senior Counsel for the State Election Commission of Telangana (TGSEC) appearing for respondent Nos.1 and 2, submitted that when the matter was taken up on 27.02.2026, the following order was passed:

               “Notice before admission.

               Sri.G.Vidhya Sagar, learned senior counsel appearing on behalf of learned standing counsel for State Election Commission of Telangana (TGSEC) takes notice on respondent Nos.1 and 2.

               Learned Government Pleader for Revenue takes notice on respondent No.3.

               Sri.S.Ravinder Reddy, learned standing counsel for Ibrahimpatnam Municipality takes notice on respondent No.4.

               Learned Government Pleader for MA&UD takes notice on respondent No.5.

               Sri.A.Venkatesh, learned senior counsel takes notice on respondent No.6 and seeks time to file counter.

               Sri.G.Vidhya Sagar, learned senior counsel appearing on behalf of respondent Nos.1 and 2 placed on record a copy of letter bearing Lr.No.C1/01/206-Municipal Election-2026 dated 24.02.2026, wherein it is submitted that the election could not be concluded due to serious allegations made on the election process and further submits that the re-election in terms of Section 20 of Telangana Municipality Act 2019, is not ruled out, however, the Government has to sanction concurrence under Section 195 (1) of the Act 2019. Learned senior counsel further sought time to file counter.

               List on 03.03.2026, along with W.P.No.6248 of 2026.”

9. Today, when the matter was taken up, the learned Senior Counsel placed a copy of the communication addressed by respondent No.1 to respondent No.5 seeking clarification for conducting the postponed elections. Learned Senior Counsel submitted that a requisition was made for conducting the 2nd Ordinary Elections to Municipalities and Municipal Corporations, 2026, for the post of Ward Member of Mathkal Municipality and Chairperson/Vice-Chairperson of Khanapur, Kyathanpally and Ibrahimpatnam Municipalities. A request was made to respondent No.5 to convey the concurrence of the Government for conducting the postponed elections.

10. Learned Senior Counsel drew the attention of this Court to Section 20 of the Telangana Municipalities Act, 2019, which stipulates that elections to the offices of Chairperson and Vice- Chairperson shall be conducted and that every vacancy in the said offices shall be filled. He would further submit that since the elections could not be concluded in terms of Section 20 of the Act, the vacancies of Chairperson and Vice-Chairperson have to be filled and the election notification has to be issued in terms of Section 195 of the Telangana Municipalities Act, 2019. In such circumstances, respondent No.1 addressed a letter to respondent No.5 and once concurrence is received, respondent No.1 would notify the elections.

11. Per contra, the learned Senior Counsel would submit that once the election could not be concluded, the election process must be taken up immediately without undue delay.

12. On a perusal of the report submitted by the District Collector and District Election Authority, Ranga Reddy District to the Secretary, Telangana State, regarding the indirect elections to the post of Chairperson and Vice-Chairperson for Imbrahimpatnam Municipality for Municipal Election, 2026 and referring to the orders passed by the Division Bench of this Court in W.P.No.4958 of 2026, the indirect elections to the post of Chairperson and Vice-Chairperson could not be conducted due to disturbance occurred in the house. The same was reported to the District Election Authority. As such as on date both the posts of Chairperson and Vice-Chairperson for Ibrahimpatnam Municipality remained vacant and therefore a request was sought for further course of action to complete all elections in accordance with law.

               Heard the counsel on either side and perused the record.

14. In view of the peculiar circumstances prevailing, the authorities were unable to conduct the elections for the post of Chairperson and Vice-Chairperson for Ibrahimpatnam Municipality, and admittedly there is an ordinary vacancy for the above post as on date in the respondent No.4 Municipality. This Court deems it appropriate that election/re-election in terms of Section 195(3) of the Telangana Municipalities Act be conducted at the earliest.

15. Considering the case, this Court deems it appropriate that insofar as the ordinary vacancies are concerned, as submitted by the learned Senior Counsel appearing for respondent No.1, the entire process of seeking concurrence from respondent No.5 for conducting election/re-election to the posts of Chairperson and Vice-Chairperson of respondent No.4 Municipality shall be initiated and concluded within a period of three (03) weeks with an outer limit of four (04) weeks from the date of receipt of a copy of this order and the respondents shall also notify the time schedule for the said elections i.e., to the posts of Chairperson and Vice-Chairperson of respondent No.4 Municipality in terms of Section 195(3) of the Act.

13. With the above observations, these Writ Petitions are disposed. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any pending in these petitions, shall stand closed.