CHALLA SATYANARAYANA Vs. TADI LAKSHMANA RAO

JUDGEMENT

(1.) THE elections to the Chittavaram Grampanchayat were held in the year 2006. The petitioner, 1st respondent and certain others contested in the election, and the petitioner was declared elected as Sarpanch. The 1st respondent filed e. O. P. No. 4 of 2006, before the Election Tribunal-cum-Principal Junior Civil judge, Narsapur, pleading inter alia that the petitioner incurred disqualification, under Section 19 (3) of the A. P. Panchayat Raj Act (for short "the Act"), and that he had third child after the notified date. The petitioner filed counter, opposing the Election Petition. The trial of the op commenced.

(2.) THE petitioner filed I. A. No. 1257 of 2007, before the Tribunal, with a prayer to receive certain documents. The application was opposed by the 1st respondent. Through its order dated 14. 7. 2008, the Tribunal dismissed the I. A. Hence, this writ petition.

(3.) SRI A. V. Sesha Sai, learned counsel for the petitioner, submits that the view taken by the Tribunal that it is not conferred with the power, under Rule 7 of the A. P. Panchayat Raj Rules (for short "the Rules"), cannot be sustained in law. He submits that the power to record oral and documentary evidence is inherent in a Tribunal, and at any rate, Rule 7 clearly empowers the Tribunal to receive evidence.