N. CHENCHURAMA NAIDU Vs. COLLECTOR, NELLORE AND ANOTHER

JUDGEMENT

(1.) The question raised in this reference by the District Judge, Nellore under Order 46, rule 1 C.P.C. and Rule 94 of the Civil Rules of Practise is whether the District Judge has jurisdiction to entertain a petition relating to the election of the Chairman of a Zilla Parishad.

(2.) A petition was filed by one Chenchurama Naidu before the District Judge Nellore, impeaching the validity of the election of one Chadrasekharareddy as Chairman of the Nellore Zilla Parishad.

(3.) The District Judge felt a doubt as to his competence to receive the petition. In his opinion, there being no specific provision in the Andhra Pradesh Panchayat Samitis and Zilla Parishads Act, 1959 empowering the District Judge to try election disputes, there was a reasonable doubt as to whether the District court was the proper forum for this purpose.