PERVALIPALEM GRAM PANCHAYAT Vs. DIST COLLECTOR GUNTUR

JUDGEMENT

(1.) Writ Petition No.20556 of 1999 was filed by the in-charge Sarpanch Peravalipalem, Vemuru Mandal, Guntur District as per the resolution of the Gram Panchayat adopted for the purpose. Writ Petition No.21494 of 1999 was filed by some of the voters of the same Gram Panchayat seeking a declaration that the 4th respondent herein is to entitled to act as the Sarpanch of Pervalipalem Gram Panchayat by issuance of writ of mandamus. As the issue raised in both these writ petitions being the same, they can be disposed of by a common order.

(2.) The question that falls for consideration in these two writ petitions would be 'when two candidates contested for the office of Sarpanch and the candidate sleeted ultimately found to be disqualified to ;ontest for the office of Sarpanch, whether the court is bound to declare the other candidate in the fray as Sarpanch of the village automatically under Rule 13 of A.P. Panchayat (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules 1995 hereinafter called as 'Election Tribunal Rules' framed by the Government in exercise of its rule making power under Section 233 read with Section 268(1) of A.P. Panchayat Raj Act (hereinafter referred to as 'the Act') and the Rules.

(3.) The facis of the case are not in dispute.