BHUKYA BUJJI Vs. BHUKYA SARASWATHI

JUDGEMENT

(1.) The appellant contested the election of Sarpanch, Gram Panchayat, Marrigudem village of Garla Mandal, Khammam District on 20-8-2001 and was duly declared elected. He seeks to challenge the order passed by the learned single Judge dismissing her Writ Petition and thereby declining to set aside the order dated 18-1-2003 passed in Election Petition No.J/1548/2001 by the Agency Divisional Officer (R. D. O.)/Election Tribunal for Gram Panchayats at Kothagudem, setting aside her election as Sarpanch.

(2.) Smt. Bhukya Saraswathi, the 1st respondent herein also contested the election of Sarpanch, Gram Panchayat, Marrigudem and remained unsuccessful. The appellant secured 606 votes, respondent No.1 secured 466 votes and the third candidate secured 138 votes and thus the appellant was declared successful. First respondent filed an election petition before the Election Tribunal questioning the election of the appellant herein as Sarpanch. The ground to set aside the election was that the appellant had given birth to two children after the commencement of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994) (for short "the Act") and as such was not eligible to contest the election of Sarpanch, in view of the disqualification provided under sub-section (3) of Section 19 of the Act, therefore, she could not have been declared as successful candidate in the election. It was alleged that the 1st respondent had gathered the particulars of the children of the appellant from Tribal Primary Health Centre, Mulkanur, Garla Mandal, Khammam District and that the last child of the appellant was born on 29-12-1997 and placed reliance upon the certificate issued by the Medical Officer of Primary Health Centre on 24-8-2001. Another ground urged to set aside the election was the influence alleged to have been exercised on the voters of the Panchayat by the husband of the appellant. Election Petition was contested by the appellant denying all allegations and pleading that she had four children, the first and second child were born in 1990 and 1992 respectively, the third child was born on 20-1-1994 and the last child was born on 13-1-1995. Tt was thus pleaded that she had not incurred any disqualification by reason of sub-section (3) of Section 19 of the Act. She also denied any influence having been exercised by her husband.

(3.) Parties led evidence before the Election Tribunal. As regards exercise of alleged undue influence, the Election Tribunal concluded that there was no evidence worth acceptance. However, placing reliance on Exs.A-1 to A-3 produced by respondent No.1 it was held that the appellant gave birth to her last child on 29-12-1997. Thus believing the version of Respondent No.1 and disbelieving the version of the appellant and rejecting the documents Exs.B-1 to B-7 produced by the appellant and the oral evidence led by her, Election Petition was allowed. Consequently, election of the appellant as Sarpanch was held as void in view of the disqualification incurred by the appellant as per sub-section (3) of Section 19 of the Act. Simultaneously, a declaration was issued declaring that Respondent No.1 has been duly elected as Sarpanch of the Panchayat under Rules 12,13,14 and 15 of A.P. Panchayat Raj Rules, 1995. This order of the Election Tribunal was challenged in the Writ Petition filed by the appellant.