REDDIGARI RAMI REDDY Vs. TIRUMALA REDDY

JUDGEMENT

(1.) This Writ Appeal is directed against the Order of the learned single Judge dismissing the Writ Petition No. 9586/1982. That Writ Petition was filed by the Sarpanch, Uddandapuram Gram Panchayat whose election was set aside in O.P. 8 of 1981 on the file of the District Munsif Alampur. The appellant, and the 1st Respondent had filed nominations for election to the office of the Sarpanch of that Gram Panchayat. First respondent is an elector in Ward No. 2 of the Gram Panchayat, and his proposer was an elector in Ward No. 3. At the scrutiny of the nominations, the Election Officer rejected the nomination of the 1st respondent under Rule 8(2)(ii) of the Gram Panchayat Conduct of Election Rules 1978 (hereinafter referred to as the Rules) being of the view that the proposer of a candidate, who contests for the office of the Sarpanch, should be an elector, from the same ward in which candidate is registered as an elector. After the rejection of the first respondent's nomination, only the appellant was left in the field, and he was declared elected. The short question for consideration before the learned Single Judge and now before us in this appeal is whether rejection of the nomination paper of the first respondent by the Election Officer was valid. That depends upon the interpretation of the Note to Rule 4(2) and Rule 8(2)(ii) of the Rules. Rule 4 in so far as, it is relevant for the present purpose, reads as follows: