BHUKYA LAKSHMI BAI Vs. STATE OF ELECTION COMMISSION

JUDGEMENT

(1.) The petitioner was appointed as an Anganwadi Worker of Yanamadala Village, Nuzvidu Mandal, Krishna District; several years ago. The election to the Gram Panchayat of that village held in June 2006. She intended to contest to the office of Member of the Gram Panchayat, and accordingly filed nomination. She was elected, and is holding the office, as of now. The Project Director, Integrated Child Development Scheme, Krishna District, the 3rd respondent, issued a memo dated 14-11-2006, to the effect that the Anganwadi Workers, who are elected to offices, in the Panchayat Raj Institutions, are not entitled to continue as Anganwadi Workers, in view of the clarification given by the Government, in their memo dated 9-11-2006; and instructions were issued to the subordinate officers to take necessary action. The petitioner challenges the said memo.

(2.) Petitioner states that, at the time of elections, uncertainty prevailed, as to whether Anganwadi Workers can contest to the offices in the Panchayat Raj Institutions, and the State Election Commission has issued clarification as recently as on 15-7-2006, stating that, in view of the orders passed by the Government in G.O. Ms. No.7, Women Development and Child Welfare Department, dated 7-3-1996, there is no prohibition for them, to contest. She further states that the impugned memo is contrary to the orders issued by the Government and the clarification issued by the State Election Commission.

(3.) Heard the learned Counsel for the petitioner and learned Government Pleader for Women Development and Child Welfare.