ERLAPATI VEERA LAKSHMI Vs. GUDA HARITHA RANI

JUDGEMENT

(1.) ELECTIONS to the Tallapudi Gram Panchayat were held on 2. 8. 2006. The office of Sarpanch of that gram Panchayat is reserved in favour of scheduled Caste Woman. The petitioner, the respondent, and eight others filed nominations, for that office. While the petitioner secured 1502 votes, the respondent got 1154 votes. The petitioner was declared elected.

(2.) THE respondent filed OP No. 860 of 2006 in the Court of Principal District judge, West Godavari at Eluru, under Section 22 of the A. P. Panchayat Raj Act, 1994 (for short 'the Act'), with a prayer to declare that the election of the petitioner herein is illegal, arbitrary and contrary to law, and to consequently direct that, she (respondent) is elected as the Sarpanch. It was pleaded that the petitioner had resorted to corrupt practices, and that she incurred disqualification, under Section 19 (3) of the act, since her 4th and 5th children were born on 3. 6. 1995 and 10. 8. 1996, respectively.

(3.) THE petitioner filed a counter-affidavit, opposing the OP. She denied the allegation as to corrupt practices. So far as the disqualification, under Section 19 (3) of the Act, is concerned, she pleaded that her 4th and 5th children were born on 17. 8. 1991 and 22. 12. 1993, respectively, and in that view of the matter, the disqualification is not attracted. It was also pleaded that the op is misconceived in law.