K BABU RAO Vs. GOVERNMENT OF AP

JUDGEMENT

(1.) The petitioners seek for the issuance of a writ of mandamus directing the Government to constitute the Election Tribunals as provided for under Rule 50(1) of the Andhra Pradesh Gram Panchayats (Conduct of Elections) Ruies, 1978 (hereinafter called as "the Rules") forthwith.

(2.) All the petitioners who belong to Scheduled Tribes are residing in Agency areas of East Godavari District. The first petitioner has filed his nomination for the election to the Office of the Sarpanch of Konda modalu village of Rampachodavaram taluk of East Godavari District. The election took place on 4-6-1981. In the election one Ilia Rami Reddy was, declared to have been duly elected to the office of the Sarpanch of Kondamodalu Gram Panchayat. The petitioner contends that the elected candidate committed several irregularties and secured more votes and the irregularities committed by the elected candidate render the election invalid. The petitioner, therefore, felt it necessary to file an election petition and intact filed an election petition before the second respondent under Section 22 of the Andhra Pradesh Gram Panchayats Act, 1964 (hereinafter called the Act), and Rule 50 of the Rules. The second respondent is the Revenue Divisional Officer. Rajahmundry, who presides over the Election Tribunal under the Panchayat Samithis and Zilla Parishads Act.

(3.) The second petitioner belongs to Schedule Tribes and he contested for the Office of the Sarpanch of Chetlavada Gram Panchayat of Rampachodavaram taluk. His opponent Gorrela Paramananda Rao was declared to have been duly elected. The petitioner filed election petition before the second respondent on the ground that the nomination filed by the elected candidate is not valid, as he does not belong to the Scheduled Tribes. He also alleged in the said petition that the elected candidate secured more votes by unduly influencing the voters with the aid of the influence of his brother, who is a local M.L.A and also the Chairman of the Girijan Corporation.