THURUPU VASANTHA Vs. RUDRABOINA BALAMANI

JUDGEMENT

(1.) The two Civil Revision Petitions (CRPs) filed under Section 115 of the Code of Civil Procedure and the two Writ Petitions (WPs) filed under Article 226 of the Constitution of India, arise under similar factual situation and related to the same subject matter. Hence, they are disposed of through a common order.

(2.) The Office of Sarpanch of Ramareddy Village of Sadasivnagar Mandal, Nizamabad District, was reserved in favour of women. The elections were held in November, 2001. The petitioner by name Thurupu Vasantha and two other candidates i.e., Smt. Argonda Hanmawa and Smt. Rudraboina Balamani, contested the elections. The petitioner was declared as elected. One of the unsuccessful candidates, by name Smt. Argonda Hanmawa, filed O.P. No.1 of 2002 and the other candidate, by name Rudraboina Balamani, filed O.P.No.2 of 2002, on the file of the Principal Junior Civil Judge-cum-Election Tribunal, at Kamareddy (hereinafter referred to as 'the Election Tribunal'). Notices in the said OPs were served upon the petitioner. She engaged an Advocate, but thereafter was set ex parts on 25-5-2002. The petitioner filed LA. No.677 of 2002 in O.P. No.l of 2002 and I.A. No.681 of 2002 in O.P. No.2 of 2002, under Order IX Rule 7 of CPC, to set aside the order dated 25-5-2002 setting her ex pane. Through a common order dated 24-9-2002, the Election Tribunal dismissed both the I.As. CRP Nos.4493 and 4494 of 2002 are filed against the orders in the said I.As.

(3.) The evidence of the election petitioners was recorded and the Election Tribunal, through its common order dated 3-9-2002, directed recounting of the votes. W.P. Nos.21372 and 21382 of 2002 are filed challenging the order of the Election Tribunal dated 3-9-2002 directing recounting of the votes.