B KANTHA REDDY Vs. MANDAL DEVELOPMENT OFFICER

JUDGEMENT

(1.) This writ petition has been filed by B. Kantha Reddy seeking a writ of certiorari to quash the judgment and decree dated 4-5-2005 passed in O.P. No.6 of 2001 on the file of the Junior Civil Judge (Election Tribunal under A.P. Gram Panchayat Act, 1994), Alampur, Mahaboobnagar District. By the impugned order, the learned Election Tribunal set aside the election of the petitioner as Sarpanch of Amaravai Village and further declared E. Prakash Goud-fourih respondent in the writ petition as duly elected Sarpanch of Amaravai Village.

(2.) Election notification was issued by the State Election Commission, Hyderabad, to the Sarpanch post of Amaravai Village. B. Kantha Reddy-writ petitioner and E. Prakash Goud-fourth respondent filed nominations to the Sarpanch post of Amaravai Village. The fourth respondent raised objection before the Assistant Election Officer-second respondent with regard to eligibility of the writ petitioner to contest for the post of Sarpanch of Amaravai Village, since he has three children as on the date of election and his last child having born on 5-11-1996. The Assistant Election Officer did not verify the objection raised by the fourth respondent and advised him to file O.P., if he has any proof of allegation, after declaration of results. The fourth respondent was allotted auto symbol and the writ petitioner was allotted carrom board symbol in the said election. The writ petitioner was declared as elected Sarpanch of Amaravai Village by the Mandal Development Officer-cum-Additional District Election Authority, Manopad Mandal, Mahaboobnagar District-first respondent. Therefore, the fourth respondent filed O.P. No.6 of 2001 before the Junior Civil Judge at Alampur, Mahaboobnagar District, seeking to declare the writ petitioner as disqualified from contesting the election and declare the fourth respondent herein as Sarpanch of Amaravai Village.

(3.) The main ground of challenge to the election of the petitioner was that he incurred disqualification under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (for short 'the Act') and that his wife gave birth to third child on 5-11-1996 at C.Belagal Village and Mandal of Kurnool District.