Telangana HC refuses to stay proceedings on formation of Kothagudem Municipal Corporation

Hyderabad: The Telangana High Court on Monday declined to stay the State government’s move to establish the Kothagudem Municipal Corporation through the merger of Kothagudem and Paloncha municipalities in Bhadradri Kothagudem district.

The petition dealt with the Gazette notification, dated October 15, 2024, and the subsequent enactment of Act 17 of 2025, which amended the Telangana Municipalities Act of 2019, leading to the merger.

Plea failed to provide enough arguments to support plea

On Monday, the High Court Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin was hearing the plea against the merger.

The petitioner sought a direction to stay all further proceedings with respect to the establishment of the Kothagudem Municipal Corporation by merging Kothagudem Municipality and Palvoncha Municipality, including seven Gram Panchayats situated in a Scheduled Area, contending that the merger was effectuated without following the procedure contemplated under Schedule Five of the Constitution of India.

After hearing arguments presented by the petitioner’s counsel M Srinivas Rao, observed that the petitioners had not been able to demonstrate to the court how the areas merged with the Kothagudem Municipal Corporation formed part of the Scheduled Areas as per the Presidential Notification dated December 7, 1950.

‘Constitutional safeguards disregarded’

The Bench emphasised that establishing this jurisdictional fact was crucial to the petitioner’s case regarding the applicability of constitutional safeguards under the Fifth Schedule of the Constitution.

The counsel for the petitioner informed the Court that the decision of the Telangana Government to upgrade the area into a municipal corporation through GO 177 and Act No. 17 of 2025 was in utter disrespect of mandatory constitutional safeguards.

The petitioner contended that this action by the Government constituted a blatant violation of the Fifth Schedule of the Constitution, which provides special protections for scheduled areas and the administration thereof.

‘Merger infringes on fundamental rights’

The counsel further argued that the merger infringed upon fundamental rights to equality, life, liberty and property as enshrined in the Constitution. It sought restoration of Kothagudem and Paloncha as separate municipalities, with the seven Gram Panchayats remaining under Scheduled Area administration as contemplated by the constitutional framework.

The Division Bench was hearing a Writ Petition filed by Potru Praveen Kumar, who identified himself as engaged in social service through a non-governmental organisation and is a resident of Gattaigudem village in Palvoncha mandal of Bhadradri Kothagudem district.

The matter has been adjourned for four weeks for further hearing.