VANGURI MARIAMMA Vs. KANDUKURI GANGAMMA

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari to quash the order of the Election tribunal-cum-Junior Civil Judge, Nakrekal, Nalgonda District, in O.P.No. 7 of 2001 dated 29-10-2002 by which the Election Tribunal declared the election of the petitioner to the post of Sarpanch of Kondakindigudem Gram Panchayat, Kethepally Mandal, Nalgonda District as invalid and further declared the 1st respondent herein as having been elected to the post of Sarpanch of Kondakindigudem Gram Panchayat, Kethepally Mandal, Nalgonda District.

(2.) The brief facts of the case may be noticed thus: Pursuant to the notification dated 1-8-2001 issued by the State Election Commission, elections were held on 17-8-2001 to the post of Sarpanch and members of Kondakindigudem Gram Panchayat, Kethepally Mandal, Nalgonda District. The petitioner herein, 1st respondent and the 2nd respondent herein had contested the election to the post of Sarpanch. The petitioner herein was declared to have been elected by securing 301 votes as against the 1 st respondent who had secured 300 votes. The 3rd respondentStage I Election Authority, ordered repoll on the alleged ground that the supporters of the 1st respondent damaged the ballot bundles and ballot papers when the 1st respondent was declared to have been defeated by one vote. Thereupon repolling was conducted on 20-8-2001 and again the petitioner herein was declared to have won the election by one vote as against the 1 st respondent. At that stage, the petitioner requested for recounting. The Election Authority recounted the votes and finally the petitioner was declared to have won the election by a margin of one vote against the 1st respondent. In this regard the Election Authority had also issued Form No. 17 declaring the election of the petitioner as Sarpanch.

(3.) Aggrieved by the election of the petitioner, the 1st respondent herein filed O.P.No. 7 of 2001 of the file of the Election Tribunal-cum-Junior Civil Judge, Nakrekal.