SARIHADDU RAMYA Vs. GUDIVADA RULER MANDAL PARISHAD

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari calling for the records relating to the order dated 14-10-2004 in O.P. No.83 of 2001 on the file of the Election Tribunal-cum-Senior Civil Judge, Gudiwada and to quash the same being arbitrary, illegal and without jurisdiction.

(2.) The facts, which are not in dispute, are as under:

(3.) In the election held on 15-7-2001 for the Mandal Parishad Territorial Constituency (M.P.T.C.) of Serivelpur, the petitioner was elected as a Member of the said M.P.T.C. Later, she was also elected as President of Mandal Praja Parishad. The third respondent herein, who was an unsuccessful candidate, filed O.P. No.83 of 2001 on the file of the Election Tribunal-cum-Senior Civil Judge, Gudiwada, seeking a declaration that the writ petitioner was disqualified on the ground that she has not completed the age of 21 years on the date of filing of the nomination. The writ petitioner, who was arrayed as the first respondent in the O.P. No.83 of 2001, filed a counter denying the allegations. Both the parties let in oral and documentary evidence in support of their respective pleas. The Tribunal, on appreciation of the evidence on record, recorded a finding that the writ petitioner did not attain the age of 21 years as on the date of filing her nomination and therefore she was not qualified to contest the election and accordingly allowed O.P. No.83 of 2001. The said order dated 14-10-2004 is under challenge in this writ petition.