ERIAPATI VEERA LAKSHMI Vs. GUDA HARITHA RANI

JUDGEMENT

(1.) ELECTIONS to the Tallapudi Gram panchayat were held on 02-08-2006. 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 O. P. 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 03-06-1995 and 10-08-1996, respectively.

(3.) THE petitioner filed a counter-affidavit, opposing the O. P. 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 17-08-1991 and 22-12-1993, respectively, and in that view of the matter, the disqualification is not attracted. It was also pleaded that the o. P. is misconceived in law.