G RAJYALAKSHMI Vs. PRESIDING OFFICER AND ELECTION OFFICER

JUDGEMENT

(1.) Seeking a writ of Certiorari for quashing of Section 153(1) 2nd proviso of Andhra Pradesh Panchayat Raj Act, 1994 and Rule 13(7)(i) and (ii) of the Rules issued in G.O.Ms. No.756, dated 30-11-1994 and for a consequential direction declaring the proceedings issued by the Presiding Officer and Election Officer, Rajupalem Mandal Parishad, Guntur, the first respondent herein on 17-1-19% in reference No.144/95 as mala fide, illegal and unconstitutional this writ petition was filed by Smt. G. Rajya Lakshmi who by the aforesaid order of the first respondent ceased to be a member of the Nemalipuri Territorial Constituency of Rajupalem Mandal.

(2.) On 12-3-1995 the petitioner herein was elected as member of the Mandal Praja Parishad, Rajupalem Mandal of Nemalipuri Territorial Constituency. The election of President and Vice President of the Mandal Parishad was fixed for 18-3-1995. As there was no quorum on that day, the meeting was adjourned to the next date i.e., 19-3-1995. Two persons filed nominations for the post of President the petitioner herein and one Smt. Chandrakala both on behalf of the Congress Party. The election was held at 3 p.m. on 19-3-1995 by show of hands. As both the candidates got equal number of votes, the petitioner was declared elected by drawing of lots. On 19-3-1995 a representation was given by one Shaik Badruddin, the third respondent herein, member elected from Reddygudem, to the Election Officer, claiming himself to be a Whip of the Congress Party, stating that the petitioner has disobeyed the Whip given earlier by the Congress Party which had nominated Smt. Chandrakala but not the petitioner, the latter incurred disqualification. Next day i.e., on 20th March 1995, the Election Officer passed an order declaring that the petitioner herein ceased to be a member of the Mandal Parishad. Challenging the same W.P. No.5660/95 was filed on 24-3-1995 and the same was allowed by a Division Bench of this Court of which one of us (M.N. Rao, J.) was a member, on 27-9-1995 directing the first respondent, the Election Officer:

(3.) In her explanation to the show-cause notice the petitioner stated that the third respondent Badruddin was not appointed as the Whip, the same was not served upon her and that the record disclosed (presumably at me time of hearing of the writpetition) that prior to the meeting held on 19-3-1995 no whip was at all issued. A false endorsement was made to the effect that she refused to receive the whip at 11 p.m. on 19-3-1995. On 18-3-1995 she was bed-ridden taking treatment in the hospital which fact she informed the Election Officer as well as the Collector. She denied that she had disobeyed the Whip issued by Badruddin and asserted that the representation made by Badruddin to the Election Officer that Smt. Chandrakala was chosen as party candidate and that she (petitioner) refused the whip are untrue and fabricated false allegations.