MANNE PRASAD Vs. ELECTION OFFICER

JUDGEMENT

(1.) This petition is filed questioning the order of the Election Tribunal (Junior Civil Judge, Dhone) in Election O.P. No.6 of 2001.

(2.) For the elections held to the post of Sarpanch, Grampanchayat of R.S. Rangapuram Village, 3rd respondent, Nagaseshudu and others filed nominations and contested the election, Mannan Nagaseshudu was declared elected as Sarpanch in that election. Questioning the election of the said M. Nagaseshudu, third respondent filed the above election petition on the ground that Nagaseshudu is disqualified to hold the post of Sarpanch as he has more than two children and for the malpractices alleged against him. Though Nagaseshudu died after filing of the election petition, without considering the question whether the cause of action survived or not and without bringing on record any of the representative of Nagaseshudu on record, the Tribunal proceeded with the trial of the election petition and recorded the evidence adduced by the 3rd respondent and held that as Nagaseshudu was having more than two children, he was disqualified to hold the post of Sarpanch, and declared the third respondent elected for the post of Sarpanch of R.S. Rangapuram Village. Questioning the said decision, petitioner who is the brother of Nagaseshudu filed this petition.

(3.) The main contention of the learned Counsel for the petitioner is that since third respondent did not make the other candidates who contested the election, parties to the election petition, the Tribunal was in error in declaring the third respondent elected to the post, ignoring Rule 4 of the Rules framed in G.O. Ms. No.111 Panchayat Raj, Rural Development and Relief (Election Tribunals in respect of Grampanchayats, Mandal Parishads and Zilla Parishads Rules, 1995 (hereinafter called rules). He placed strong reliance on Prakash Khandre v. Dr. Vijaya Kumar Khandre and others, AIR 2002 SC 2345, where the Apex Court held that in cases where more than two candidates contest an election, if, after trial, the returned candidate is declared disqualified to contest the election, the candidate who secured next highest votes than the returned candidate cannot be declared as elected.