YERIPALLI RAMULAMMA Vs. DISTRICT COLLECTOR VISAKHAPATNAM

JUDGEMENT

(1.) Petitioner contested as a Member of Ward No.8 of Z. Chintuva Gram Panchayat of Ramballi Mandal in Visakhapatnam District. The election was conducted on 2.8.2006. The petitioner alleges that she secured ninety six votes, whereas the firth respondent got ninety three votes, that the Returning Officer issued "return of election" in Form No.XXVIII under Rule 62(1)(b) of the Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 2006 (for short "the Rules"), declaring her as elected, and that in spite of the same, she is not being allowed to represent Ward No.8, but the fifth respondent is permitted to represent Ward No.8. Therefore, she filed the instant writ petition seeking a direction to respondents 1 to 4 to consider her as elected Member of Ward No.8.

(2.) Rules 62 to 64 of the Rules, promulgated vide G.O. Ms. No. 142 Panchayat Raj and Rural Development (Ele.) Department, dated 3.5.2006 read as under:

(3.) As seen from the above, Rule 62 refers to Form Nos.XXVII and XXVIII, whereas Rule 63 refers to Form No. XXIX. These Forms are appended to the Rules. They read as under: <FRM>JUDGEMENT_157_ALD5_2007Html1.htm</FRM>