Telangana High Court Declines Interim Relief in Kothagudem Municipal Corporation Case
The Telangana High Court made a significant decision on Monday. It refused to grant any interim stay on a writ petition. This petition sought to cancel the formation of the Kothagudem Municipal Corporation. A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin delivered the ruling.
Petitioners' Core Legal Argument
Two residents from Palvancha Mandal in Bhadradri Kothagudem district filed the petition. Potru Praveen Kumar and Azmeera Naresh are the petitioners. They claimed the state government acted without proper legal authority. The government merged two existing municipalities and seven gram panchayats. These areas are located within Scheduled Areas.
Mummaneni Srinivasa Rao represented the petitioners in court. He presented a strong constitutional argument. Rao cited Article 243-ZC(3) of the Indian Constitution. This article states a clear restriction. Municipal laws cannot apply to Scheduled Areas. Parliament must specifically extend these laws first. The counsel argued this step was not taken.
Rao raised additional procedural concerns. He said authorities improperly upgraded Scheduled Gram Panchayats. They also amended the Telangana Municipalities Act of 2019. These actions allegedly bypassed mandatory procedures under the Fifth Schedule of the Constitution.
The counsel referenced a previous court order to support his case. He pointed to WP (PIL) No. 48 of 2020. A division bench in that case explicitly prohibited creating municipalities in Scheduled Areas. This prohibition stands until Parliament grants an extension. Rao contended the current formation violates that specific judicial order.
State's Response and Court's Reasoning
The respondent state government filed a counter affidavit. It categorically denied the petitioners' assertions. The state defended its actions regarding the municipal corporation's formation.
The High Court bench carefully considered both sides. After sufficient hearing, the judges issued their order. They noted a critical point from the petitioners' counsel. The counsel could not demonstrate a key factual link.
"Despite sufficient hearing, learned counsel for the petitioners has not been able to show as to how the areas merged with the Kothagudem Municipal Corporation did form part of the Scheduled Areas as per the Presidential Notification dated 07.12.1950," the bench observed.
Based on this, the court reached its conclusion. "Therefore, we do not find any reason prima facie to pass any interim orders at this stage," the order stated. The phrase "prima facie" means on the first appearance or at first glance. The court found no immediate, compelling reason to halt the process while the main petition is still pending.
What This Ruling Means
The court's refusal for an interim stay is a procedural decision. It does not represent a final judgment on the petition's merits. The substantive legal challenge against the corporation's formation continues. The petitioners' arguments about constitutional violations remain alive for future hearings.
This case highlights the complex legal interface between local governance and protections for Scheduled Areas. It underscores the importance of following specific constitutional procedures when altering administrative boundaries in these regions.
