GADDE VENKATESWARA RAO Vs. K VENKATA RAO

JUDGEMENT

(1.) This application under Art. 226 of the Constitution of India, gives rise to a short question of law. whether election court competent to decide the election disputes arising under the Andhra Pradesh Gram Panchayats Act, 1964 is or is not empowered to grant a temporary injunction under Order 39, Rule 1 and Section 151 of the Code of Civil Procedure restraining the successful candidate for the election of a member or sarpanch of a gram panchayat, pending disposal of the disputes before it.

(2.) The material facts are not only not in dispute but lie in a short compass may be stated; The petitioner was elected as a member and subsequently as the sarpanch of the gram panchayat of Varni in the district of Nizambad at the general elections held on 7/06/1970, to function from 1/07/1970 for a period of five years. An election petition, O. P. No. 10 of 1970 was filed on the file of the Election Court District Munsif, Bodhan by the Ist respondent challenging the validity of the election of the petitioner as sarpanch of the gram panchayat on various grounds. Pending the final adjudication of the O. P. an application 1. A. No. 377 of 1970 to restrain the petitioner herein from functioning as sarpanch, was filed by the Ist respondent herein. Rejecting the objections raised by the petitioner, the 2nd respondent granted the injunction as prayed for. Hence, this Writ petition.

(3.) Sri B. Siva Reddy for the petitioner contends that the impugned order passed by the election Court is illegal and without jurisdiction. Sri G. V. Sitarama Rao appearing for Sri Babul Reddy, for the Ist respondent, opposed the claim of the Petitioner contending Inter alia that the second respondent has ample power and jurisdiction to pass the impugned order.