CHANDA BHUPATIAH CHOKKAIAH Vs. AGENCY DIVISIONAL OFFICER PALONCHA

JUDGEMENT

(1.) The matter is coming up for admission today. Sri Prabhakar Rao had taken notice on behalf of R.1 and made certain submissions. Sri P.V.Ramana, who had lodged Caveat on behalf of 2nd respondent, made certain submissions.

(2.) Sri Rajmalla Reddy, the learned Counsel representing the writ petitioner would submit that the impugned order made by the lst respondent in Rc.No.D/1885/06 keeping the result sheet dated 18-8-2006 in abeyance while posting the main election petition on 31-8-2006 is arbitrary, unreasonable and contrary to the provisions of the A.P.Panchayat Raj Act 1994. The learned Counsel would submit that when the election petition is pending, an elected candidate cannot be restrained by virtue of such an order from assuming office. The learned Counsel also would submit that by making such interim orders, the concerned Election Tribunal - Agency Divisional Officer had deprived the elected candidate to act as Sarpanch and virtually by virtue of this c rder the said Office would be kept vacant during the pendency of the Election Petition before the Election Tribunal - first respondent. The learned Counsel also placed strong reliance on the decisions of this Court in GADDE VENKATESWARA RAO v. K. VENKAT A RAO AND ANOTHER, AIR 1972 A P., 120 and KUMMARI RAMULU v. GANGARAM PENTA REDDY AND OTHERS, 2004 (3) A L.T.788 (DB).

(3.) Sri Prabhakar Rao, the learned Counsel representing the first -respondent Agency Divisional Officer, Paloncha, Khammam District, had drawn the attention of this Court to Rule 15 of the Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads Rules 1995 (here-in-after in short, referred to as "Rules") and would contend that such declaration, if any, can be made only at the conclusion and while disposing of the main Election Petition and an interim order of this nature cannot be made since the effect of such Order would be keeping the elected office vacant, the same is impermissible under law