ATTAR HUMAYUN BASHA Vs. A T RATNASEKHAR REDDY

JUDGEMENT

(1.) The petitioner was elected as sarpanch of Piler gram Panchayat. His election was challenged by the 1st respondent before the Election Tribunal cum Junior Civil Judge, Piler in O.P.No.2 of 2001. The 1st respondent preferred a transfer O.P. being Tr.O.P.No.198 of 2002 before the Court of the learned District Judge, Chittoor who, by an order dated 17-9-2002, ordered for transfer of O.P.No.2 of 2001 from the file of Election Tribunal cum Junior Civil Judge, Piler to the file of the Election Tribunal cum Principal Junior Civil Judge, Tirupathi. This order is assailed in this petition under Article 227 of the Constitution of India.

(2.) The learned counsel for the petitioner Sri Mohd Osman Shaheed submits that the election tribunal constituted under Section 233 of the A.P. Panchayat Raj Act read with Rule 2 (2) of the A.P. Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (for brevity "the Rules") is not a 'Court'. It being a persona designata the provisions of Section 24 of the Code of Civil Procedure have no application and consequently the order passed by the District Judge in Tr.O.P.No.198 of 2002 is without jurisdiction. The learned counsel for the 1st respondent brought to my notice the proviso to sub-rule (2) of Rule 2 of the Rules and submits that there is a specific power conferred on the District Judge to transfer original petition from one Junior Civil Judge to another and, therefore, the order is sustainable. Sub-rule (2) of Rule 2 of the Rules reads as under: The Election Tribunal shall be, (i) Except in cases falling under clause (ii); (a) the District Munsiff, if there is more than one District Munsiff, the Principal District Munsiff, having territorial jurisdiction over the place in which the office of Gram Panchayat is located, in respect of the election of members, Sarpanchas and Upa Sarpanchats of Gram Panchayats. (b) the Subordinate Judge or if there is more than one Subordinate Judge at the headquarters, having territorial jurisdiction over the place in which the office of Mandal Parishad or Zilla Parishad as the case may be, is located, in respect of the election disputes and matters pertaining to the election of President, Vice-President and members of Mandal Parishad Territorial Constituencies and Chairman, Vice-Chairman and members of Zilla Parishad Territorial Constituencies.

(3.) Explanation:- for purposes of these Rules, the expressions "Subordinate Judge" and "District Munsiff" shall in relation to the scheduled areas mean the agency divisional officer. (ii) Where the Government so direct, whether in respect of Gram Panchayats generally or in respect of any class of Gram Panchayats, Mandal Parishads and Zilla Parishads such officer or officers of the Government as may be designated by the Government in this behalf by name or by virtue of office: Provided that election petition may, on application, be transferred:- (a) if presented to a Subordinate Judge or the District Munsiff, as the case may be, under clause (i) by the District Judge concerned to another Subordinate Judge or Munsiff Magistrate as the case may be, within his jurisdiction; (b) if presented to an officer of the Government under clause (ii) by the Government to another officer of the Government. Where an election petition is so transferred, the authority to which it is transferred shall be deemed to be the election tribunal.