BALAGA SAVITHRAMMA Vs. NALLA SATYANARAYANA

JUDGEMENT

(1.) THESE two writ petitions are filed against the common order dated 03-10-2008, passed in O. P. Nos. 689 of 2007 and 217 of 2008. For the sake of convenience, the parties are referred to, as arrayed in W. P. No. 23854 of 2008.

(2.) ELECTIONS to the Gram Panchayat of Kannampet, Vizianagaram District were held on 29-07-2006. The petitioner and the wife of 1st respondent, by name, Bharathi, filed nominations for the office of Sarpanch. Bharathi raised an objection for the nomination of the petitioner, alleging that the latter incurred disqualification under Section 19 (3) of the A. P. Panchayat Raj Act, 1994, (for short 'the Act' ). It was pleaded that the petitioner had three living children, out of whom, two were born after 31-05-1995. The objection was overruled by the Returning Officer, and the nomination of the petitioner was accepted. The petitioner secured majority of votes and she was declared elected.

(3.) ON receiving communication from the concerned authorities, on the basis of the complaint made by the 1st respondent, the petitioner also filed an application under Section 22 of the Act, with a prayer to declare that she did not incur any disqualification. The same was taken up as E. O. P. No. 217 of 2008 by the District Court.