J SADANANDAM Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) As similar points are involved, all these writ petitions are heard together. The petitioner in W.P.No. 11868/89 was elected as the President of Mandal Praja Parishad (for short M.P.P.), Sangareddy, while the other petitioners were elected as Sarpanches of various Gram Panchayats. Election Petitions were filed challenging the elections of these petitioners. While the petitioner in W.P.No. 11868/89 is a workman in B.H.E.L., the petitioners in the other writ petitions are workmen in Singareni Collieries. The election of the petitioner in W.P.No. 11868/89 was challenged inter alia on the ground that he was disqualified, being an employee of B.H.E.L., a public sector undertaking, for being elected as the President of M.P.P. The Election Tribunal set aside the election of the above petitioner by accepting the contention of the election petitioner that his nomination was wrongly accepted as he was disqualified from contesting to the post of president of M.P.P. The election of the other petitioners was challenged on the sole ground that they are the employees of Singareni Collieries, a public sector undertaking, and hence, they are disqualified from contesting for the post of sarpanch. Those petitioners filed the writ petitions praying for quashing the election petitions by alleging that they are not disqualified for the post of sarpanch eventhough they are working in Singareni Collieries, a public sector undertaking. The petitioner in W.P.No. 11868/89 filed the writ petition challenging the judgment and order of the election tribunal setting aside his election.

(2.) Before adverting to the contentions of the petitioners and respondents, it is convenient to refer to the relevant provisions of the A.P. Gram Panchayats Act, 1964 and A.P. Mandala Praja Parishads, Zilla Praja Parishads and Zilla Pranalika, Abhivrudhi Mandate Act 1986 (for short 'Act of 1986'):

(3.) The relevant portion of Section 17 of the A.P. Gram Panchayats Act after it was amended by Act 32/86 is as under: "Sec. 17. Disqualification of officers and servants of State or Central Government or of local authorities or employees or workmen of industrial undertakings: No village servant and no other officer or servant of the State or Central Government or of a local authority or an employee of any Co-operative Society registered under the Andhra Pradesh Co-operative Societies Act 1964 or an employee of any Corporation or any industrial undertaking owned or controlled by the State or Central Government shall be qualified for being chosen as or for being a member of a Gram Panchayat. (Emphasis supplied). Explanation: - x x x (i) x x x (ii) x x x