K PUSHPALATHA Vs. ELECTION OFFICER NELLIPAKA GRAM PANCHAYAT

JUDGEMENT

(1.) A great part of the Aswapuram mandal consists of scheduled areas, in respect of which the Andhra Pradesh Panchayat Raj Act has no application. However, there are four villages in this mandal, which are outside the scheduled area; they are Nellipaka, Mallela Madugu, Mondikunta and Anandapuram. A notification was issued on 7-6-1995 by the Election Officer showing that Nellipaka Gram Panchayat was reserved in the general category for women. However on t-6-1995 another notification was issued by the Revenue Divisional Officer, Which is to the effect that Nellipaka is ear-marked in the general category, but not exclusively for women.

(2.) Challenging the same the present writ petition was filed by one Smt. Komatireddy Pushpalatha, claiming to be an ex-sarpanch of Nellipaka, contending that the reservation made once cannot be altered after the election notification was issued. Another ground taken in the writ petition is that the second respondent, namely, the Revenue Divisional Officer is the competent authority to notify the reservation, but contrary to law, the same was done by the Election Officer. On these ground s the petitioner seeks a declaration that the election to the office of Sarpanch, held on 27-6-1995 be declared illegal.

(3.) One Mittakanti Peda Satti Reddy got himself impleaded as 6th respondent to this writ petition. He filed nomination for the office of Sarpanch and claims to have secured the highest number of votes but due to the stay granted by this Court, the declaration could not be made.