CHOWDARY KAMALA BAI Vs. DISTRICT ELECTION AUTHORITY

JUDGEMENT

(1.) Election to the Laxmipur Gram Panchayat, of Adilabad District was held on 29-07-2006. The petitioner and respondents 5 and 6 contested for the office of Sarpanch. The petitioner secured 213 votes, the 5th respondent, 206 votes, and the 6th respondent 134 votes, and accordingly, the petitioner was declared as elected.

(2.) The 5th respondent filed O.P. No. 22 of 2006 before the Election Tribunal-cum-Junior Civil Judge, Sirpur (for short 'the Tribunal'). The principal ground urged against the petitioner was that she had four children by the date of election, and thereby incurred disqualification under Section 19 of the A.P. Panchayat Raj Act (for short 'the Act'). The petitioner opposed the O.P. She contended that her husband Ganapathi, was married to another woman and begot two children, and thereafter he married her, and through their wedlock, two children were born. Her contention was that all the four children of her husband are being treated as though, all of them were born to her.

(3.) Through its order dated 30-07-2009, the Tribunal allowed the O.P. and has set aside the election of the petitioner. Apart from that, the 5th respondent was declared as elected. Hence, this writ petition.