P V SATYANARAYANA Vs. Y S RAO

JUDGEMENT

(1.) THIS writ petition is preferred against an order passed by the Election Tribunal in OP. No. 1/81 wherein the election of the petitioner herein to the post ot Sarpanch of the Grama Panchayat, as he was successful, was challenged by the 1st respondent herein. The challenge is based on the ground that there were two nominations filed on behalf of the petitioner though by the same proposer, and the Returning Officer validated the nomination and allowed the petitioner to contest and in the contest he became successful; and since the 1st respondent was unsuccessful he challenged before the election tribunal successfully, So the petitioner filed this writ petition.

(2.) THE learned counsel contended that under sub-rule (5) of Rule 4 of the A.P. Gram Panchayats (Conduct of Elections) Rules, even assuming that two nominations were filed which were not necessary on behalf of the candidate it cannot be fatal irregularity but a curable irregularity and, therefore, the order made by the Election I riounal is erroneous. I see substance in this contention. THE relevant provisions of Rules 4 of the A.P. Gram Panchayat (Conduct of Elections) Rules may be noticed.