JOGI SATYANARAYANARAMMA Vs. KODI VIJAYA LAKSHMI

JUDGEMENT

(1.) HEARD both the counsel.

(2.) AGGRIEVED by the order passed by the election Tribunal (Junior Civil Judge) Palkol in holding that it has no jurisdiction to entertain the election petition filed under Section 233 of the Act for the alleged disqualification suffered by returned candidate under section 19 (3) of the Act and that the District court alone has jurisdiction to entertain the election petition and that the election petitioner has not complied with the procedure under section 22 of the Act, the present revision is filed.

(3.) FROM the material on record it could be seen that the revision petitioner filed E. O. P. No. 4/2006 on the file of Election Tribunal (Junior Civil Judge) Palkol under Section 233 of the A. P. Panchayat Raj Act, 1994 (for short 'the Act') alleging that the 1st respondent who was elected to the post of Sarpanch of sagamcheruvu Gram Panchayat suffers disqualification under Section 19 (3) of the said Act as she has four children by the date of nomination and hence sought for declaration that the 1st respondent herein should be disqualified for contesting for the post of Sarpanch and also for a declaration that the election which was held on 6-8-2006 as void. The 1st respondent, elected candidate, filed the present interlocutory application in I. A. No. 1047/2006 alleging that the Election Tribunal (Junior Civil Judge) has no jurisdiction to entertain the election O. P. and the District Court alone has jurisdiction to entertain the election petition and accordingly sought for rejection of the main o. P. By the impugned order dated 27-6-2007, the court below considering Sections 233 and 22 (1) of the Act held that the District court alone has jurisdiction to entertain the election petition and that the revision petitioner has not followed the procedure under section 22 of the Act and accordingly allowing the I. A. , rejected the election petition. Aggrieved by the same, the present revision is filed.