SOMA VENKATAREDDY Vs. NAKKA VELADARI RAMULU

JUDGEMENT

(1.) WRIT appeals Nos. 1061 and 1099 of 1983 has been filed against the judgment of the learned single Judge in Writ Petition No. 7043 of 1983. Writ appeal No. 1061 of 1983 has been filed by the respondent in W.P. No. 7043 of 1983 praying inter alia, that the judgment under appeal by virtue of which the writ petitioner was declared elected to the post of Sarpanch of Nampally Gram Panchayat in Nalgonda District be set aside. Writ Appeal number 1099 of 1983 has been filed by the Writ Petitioner himself on the ground that the writ petition should not have been allowed merely on the ground of invalidation of 11 ballot papers as such, and the learned single Judge should have taken into consideration all the other submissions made by the Writ Petitioner and allowed the appeal on all the other grounds urged in the Writ Petition. In both the writ appeals the subject matter of dispute is the same and common questions of fact and law arise which can be conveniently disposed of by a common judgment.

(2.) IN order to appreciate the main point of controversy arising in this case, it would be in the fitness of things to refer briefly to the facts arising for the filing of the writ petition. The writ petitioner Nakka Veladri Ramulu was elected as Sarpanch of Nampally Gram Panchayat on 4 -6 -1981. He secured 604 votes as against the 582 votes secured by Sama Venkata Reddy, Respondent No. 1. The total electoral for this Gram Panchayat was 1757 as evidenced by the rolls of election. Out of these, 1501 voters exercised their votes on 4 -6 -1981. There were in all three contestants. The petitioner, Respondent No. 1 and Respondent No. 2 who secured only 281 votes. After the declaration of the results of the election, the petitioner claims to have assumed charge of the office as Sarpanch and started functioning as such.

(3.) IT is on record to show that on 24 -1 -1983 Sri Ravi Chenchaiah, Advocate for the writ petitioner who is the respondent in the election petition, made an endorsement on I.A. No. 350 of 1982 in O.P. No. 4 of 1981 stating that he has no objection for recounting of votes. Hence I.A. No. 350 of 1982 was allowed and votes were recalculated in the presence of Advocates of both sides and also the parties on 28 -1 -1983 acrd were subsequently seated in the presence of the parties and their Advocates on the same date. After several adjournments the final recounting was taken up by the Election Tribunal on 18 -8 -1983 in the presence of both the parties and their counsel. Head Clerk, one/Civil -side clerk and an Attender. There are 10 wards in Nampally Gram Panchayat and there are ten sealed covers containing voters' lists of different wards. The counting of votes in each bundle was taken up by the Election Tribunal and its findings are recorded in the order dated 18 -8 -1983 passed in I.A. No. 350 of 1982. The Election Tribunal came to the conclusion that in all 29 votes from among the 604 votes polled by the successful candidate are invalid.