HC directs Telangana to submit GHMC poll dates
Court to announce schedule in case the government fails to do so
Hyderabad: The Hyderabad High Court on Monday directed the Telangana government to submit the schedule for holding elections to the Greater Hyderabad Municipal Corporation (GHMC) by next Monday.
A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar was hearing a petition by M. Padmanabha Reddy of the Forum for Good Governance challenging the non-holding of GHMC elections by the government even after the expiry of the elected council and continuing the civic body’s administration through a special officer.
The GHMC commissioner filed an affidavit stating that for carrying out delimitation of wards in GHMC, 147 days are required and that thereafter, another 102 days is required for notifying reserved vacancies. The GHMC elections can be held only after the 249 days.
Telangana advocate-general K. Ramakrishna Reddy submitted that the delay in the delimitation of wards and identifying of reserved wards was due to non-allotment of officers to both the states by the Centre after bifurcation.
He said the Centre had recently completed the final allotment and the government was initiating the process of delimitation of wards in accordance with the 2011 Census. He urged the bench to grant four months to hold elections.
The bench took exception to the counter affidavit by the GHMC commissioner and said, “We directed the government to file the counter. How can the commissioner file the affidavit when his appointment is in question in the petition?”
While directing the advocate-general to file the schedule by next Monday, the bench made it clear that if the government fails to come out with a specific timeframe to hold the election the court will pronounce its orders on that day.
Separate HC plea to be heard daily
A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the Hyderabad High Court will hear a petition challenging the delay in the formation of separate High Courts for Telangana and AP.
While dealing with the plea by T. Dhangopal Rao, the bench asked E. Manohar, former advocate-general of undivided AP and senior counsel G. Vidyasagar to assist the court as amicus curiae in hearing the case in the light of provisions of the AP Reorganisation Act and the letters written by the Union minister of Law, and both the state governments.
When the bench sought the response from the state governments, K. Rama Krishna Reddy, advocate-general of Telangana said the state government had written to the Centre about availability of space in another building so that the Telangana High Court could function separately.
He also placed the letters written by the Union law minister to Chief Justice of Supreme Court and Chief Justice of Hyderabad High Court requesting them to take steps in this regard.
AP additional A-G Dammalpati Srinivas said the AP government had already intimated that it is ready for a separate High Court.
Maintaining that this needed careful deliberation, the bench pointed out that the Reorganisation Act stipulates that till a separate High Court for AP was set up the present High Court would continue to be common High Court for both the states. Once the separate High Court is constituted for AP, the existing High Court shall become the High Court for the state of Telangana.
The bench said that it would commence hearing on the plea from Thursday on a day-to-day basis and if there is any agitation which is likely to affect the adjudication it will not go ahead with the hearing.
While reminding that the process of separation starts with the formation of a separate High Court for Andhra Pradesh the bench said it will look into the issue in detail on whether the letter of the Union minister of law seeking a separate Telangana High Court itself is in tune with the provisions of the Reorganisation Act or not.
Making it clear that it is not expressing any opinion at this point the bench observed that nothing is impossible if correct steps are taken in an appropriate manner. The bench asked both states to file counter affidavits explaining their stand on this issue.
Chest hospital not heritage: TS
The Telangana government on Monday submitted before a division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar that the TB and Chest Hospital at Erragadda in Hyderabad was not notified as a heritage building.
The bench was dealing with a petition by B. Maddileti and K. Venkataiah of Mahbubnagar challenging a GO issued by the government on January 27, 2015 to shift the hospital to Vikarabad in Ranga Reddy district to construct a new Secretariat on the premises.
Asking the archaeological department to respond to the submissions of the state government, the bench adjourned the hearing for a week.
HC directs state to pay fishermen
Justice S.V. Bhatt of the Hyderabad High Court on Monday ordered the presence of the assistant director of fisheries and the Kakinada revenue divisional officer to explain the reasons for not settling the claims of fisherman affected by floods in 1996.
The judge was dealing with a plea by the Mastyakara Mahila Samkshema Sangham of East Godavari district challenging the action of authorities in making a payment of '35,000 to each of 1,352 kin of the 1,600 fishermen who perished in the cyclonic storm under the Group Accident Insurance Scheme for Active Fishermen.
The petitioners urged the court to direct the authorities to pay '35,000 to each of 1,352 families of the fishermen with interest under the Group Accident Insurance Scheme for Active Fishermen through the Janata Personal Accident Insurance Policy.