BODA MADHAVA REDDY Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) THE petitioner appears to be busy body. The elections to the Gram panchayat, Madhapur Village, Bejjanki Mandal, Karimnagar District were held on 06. 08. 2006. The third respondent was elected as a Sarpanch. The petitioner filed an application before the Mandal Parishad Development Officer, Bejjanki, on 27. 09. 2006 under the Right to Information Act, 2005, to know whether the third respondent filed her election expenditure particulars. The Mandal Parishad development Officer, in turn, issued a reply, dated 24. 10. 2006, to the petitioner stating that except two candidates, by name B. Shyamala and Gajula laxman, no other candidates, who contested in the election, have submitted their election expenditure particulars.

(2.) THEREUPON, the petitioner gave a representation to the State Election commission, the first respondent herein, on 13. 11. 2006 for taking action against the third respondent. Pleading that the third respondent had incurred disqualification to hold the Office of Sarpanch, the petitioner filed w. P. No. 8635 of 2007 before this Court. The writ petition was dismissed on the ground that there was no delay on the part of the first respondent in acting upon the representation made by the petitioner. The petitioner filed W. A. No. 749 of 2007. During the course of hearing of the writ appeal, proceedings, dated 31. 07. 2007, issued by the District Panchayat Officer, were brought to the notice of the petitioner. It was mentioned that the third respondent submitted her election expenditure particulars on 19. 09. 2006 stating that she incurred the expenditure of Rs. 1,800/ -. It is stated that the Division Bench of this Court gave liberty to the petitioner to challenge the correctness of the proceedings, dated 31. 07. 2007, issued by the District Panchayat Officer.

(3.) THIS writ petition is filed for a declaration that the orders passed by respondents 1 and 2 are illegal, erroneous and consequently, direct them to investigate into the matter and to disqualify the third respondent from holding the post for which she was elected.