UPPARI SUSHEELA Vs. STATE ELECTION COMMISSIONER HYDERABAD

JUDGEMENT

(1.) Has the High Court any jurisdiction in a writ proceeding to declare a person to have been wrongly elected is the question raised in this appeal.

(2.) The appellant and the fifth respondent contested the election for the office of Sarpanch of Doulthabad Gram Panchayat wherefor polling was held on 17-8-2001. 2790 votes were polled in the said election. The Election Officer declared the fifth respondent herein to have been elected as Sarpanch with a majority of 12 votes, allegedly without counting the votes polled in Ward No.l. 206 votes admittedly were cast in the said ward. A certificate in Form No.XVII was issued in favour of the fifth respondent. On appellant's bringing the said irregularity to the notice of the Election Officer, counting of votes was recommenced. Before recounting the appellant obtained 715 votes and the fifth respondent obtained 727 votes. Upon recounting the appellant is said to have got 782 votes, whereas the fifth respondent got 768 votes. A certificate was issued in favour of the appellanton 17-8-2001, which is in the following terms: CERTIFICATE Dated 17-8-2001 Certified that Smt. U. Susheela W/o Bixapathi, Sarpanch candidate of Grama Panchayat, Doulatabad G.P. Hathnoora (M) of Medak District has got 715 votes in the counting and on plea of candidate 2nd counting taken up, since 1st Ward Box Sarpanch votes has not been included. After counting missing box votes Smt. U. Suseela has secured 782 votes with sufficient majority for Sarpanch of Doulatabad. Hence I declare that Smt. U. Suseela is elected as Sarpanch, Doulatabad G.P. Sd/- S. Maruthi Dated 17-8-2001 Election Officer, Stage-II Doultabad (GP) Mandal Hathnoora, District, Medak.

(3.) As the appellant, despite the said certificate, was not handed over the office of Sarpanch, she filed the writ petition praying for the following relief: .....to issue a writ of mandamus or any other appropriate writ or writs, order or direction, declaring the action of the respondents in not handing over charge to the petitioner for the post of Sarpanch of Doulatabad Gram Panchayat, Hathnoora Mandal, Medak District, pursuant to the declaration of results made on 17-8-2001 as illegal, arbitrary and without jurisdiction and consequently direct the respondents to forthwith handover charge of above said Gram Panchayat to the petitioner.