KAYATHI JAYAPAL REDDY Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner in the instant writ petition prays for issuance of a writ of Mandamus declaring the action of the State Election Commission in issuing a fresh notification dt. 9-8-2001 notifying the election programme for conduct of election to the office of Sarpanch of Tandra Gram Panchayat of Veldanda Mandal of Mahabubnagar District as illegal and void. The petitioner accordingly prays for an appropriate direction to declare the petitioner as duly elected Sarpanch of Gram Panchayat, Tandra.

(2.) Before adverting to the question as to whether the impugned notification suffers from any legal infirmity, it may be necessary to briefly notice the relevant facts.

(3.) The first respondent herein issued notification dt. 30-7-2001 proposing to hold the elections throughout the State of Andhra Pradesh to the Panchayat Raj institutions and accordingly issued the election programme for conduct of elections to the office of Sarpanch and Ward Members for Tandra Gram Panchayat also. The last date for filing of nominations was 4-8-2001. Several candidates filed their nominations seeking to the office of the Sarpanch of the Gram Panchayat in question. The Election Officer found five nominations to be valid. The last date for withdrawal of nominations was 8-8-2001. Out of the said five candidates, have withdrawn their candidature on 8-8-2001 and accordingly submitted the proposal for withdrawal of their candidature to the Election Officer. The Election Officer accepted the same. The petitioner alone remained as the contesting candidate.