SITARAMAYYA P Vs. DISTRICT COLLECTOR GUNTUR

JUDGEMENT

(1.) The petitioner challenges the conduct of the elections of a sarpanch and upa-sarpanch of the Eman Gram Panchayat, Tenali Taluk.. on the ground tha in accordance with the directions contained in Sec. 12 (3) of Gram Panchayats Act the election to the sarpanch and upa-sarpanch did not take place either on the day of election of the members of the Panchayat or on the following day, It may be stated that the elections were held on the 29th May 1964 and obviously no elections took place in accordance with Sec. 12 (3) of the Andhra Pradesh Gram Panchayats Act 1964, (hereinafter called the Panchyat Act).

(2.) The contention of the learned Advocate for the petitioner is chat having regard to the mandatory provisions of the Section, no election can rake place if it had not already taken place on the day when the members were elected or the next day, and consequently it was prayed that the proposed election should be stayed. A Bench of this Court consisting of one of us did not grat stay and consequently the election to the sarpanch and upasarpancli had taken plce which however is subject to the disposal of this petition.

(3.) In order to appreciate the contention, it is necessary to examine some of the provisions of the Panchayat Act and the Rules made therenuder. Section 12 (1) of the said Act runs thus; For every gram panchayat, one of the members shall be elected to be sarpanch and one other to be upa-sarpanch by the gram-panchayat, in the prescribed manner If at an election held for the purpose, no sarpanch or upa-sarpanch is elected, fresh election shall be held The names of the sarpanch and the upa-sarpanch so elected shall be published in the prescribed manner,"