J PUSHPALATHA Vs. ELECTION TRIBUNAL BHONGIR

JUDGEMENT

(1.) The office of Sarpanch of Rusthapur Gram Panchayat, Turkapally Mandal, Nalgonda District, was reserved in favour of women. The elections to the Gram Panchayat were held on 20-8-2001. The writ petitioner, the respondent No. 4 and another candidate contested in that election. The petitioner was declared as elected. Challenging the election of the petitioner, the 4th respondent filed O.P.No. 4 of 2001 before the 1st respondent-Tribunal (for short 'the Tribunal'). The main ground of challenge to the election of the petitioner was that she incurred disqualification under Section 19(3) of the A.P.Panchayat Raj Act, 1994 (for short 'the Act') and that, she has given birth to third child on 19-2-1996. Though there was a general allegation of irregularity and corrupt practice, the same was not pressed during the trial.

(2.) The petitioner resisted the O.P. It was her case that she gave birth to third child on 19-2-1995 and she did not incur any disqualification under Section 19(3) of the Act. It was her case that she did not suppress any material fact and the Returning Officer has accepted her nomination having been, duly satisfied about the compliance with the various provisions of the Act and the Rules made thereunder.

(3.) Taking into account the pleadings of the parties, the Tribunal framed the following issues: