NALLAPATI KOTAMMA VARADAIAH Vs. LANKA BHAGYALAKSHMI PRAKASAM

JUDGEMENT

(1.) Heard the counsel.

(2.) This writ petition is filed by Nallapati Kotamma questioning the order dated 21-03-2005 in EOP No.30 of 2001 on the file of Election Tribunal-cum-Principal Junior Civil Judge, Guntur.

(3.) It is stated that the election for the post of Sarpanch to the Gram Panchayat, Vengalayapalem was held on 17-08-2001 and the said post was reserved for Scheduled Caste woman. The last date for filing of nomination was on 04-08-2001, the scrutiny of the applications was held on 05-08-2001 and the last date for withdrawal of nomination was on 08-08-2001. The petitioner was one of the contestants along with the respondents 1 to 7 in EOP No.30 of 2001 to the post of Sarpanch, Vengalayapalem. The first respondent secured maximum number of votes and elected as Sarpanch of Vengalayapalem and the petitioner secured the second highest number of votes. It is an admitted fact that the first respondent gave birth to a male child on 06-09-2001 and hence, she incurred disqualification to be a Sarpanch of Vengalayapalem Gram Panchayat. Section 19(3) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act') is as hereunder;