GOLLA JAYAMMA Vs. DISTRICT COLLECTOR MAHEBOOBNAGAR

JUDGEMENT

(1.) THE subject matter of these three writ petitions is identical. Hence, they are disposed of through a common judgment.

(2.) ELECTIONS to the Narayanapuram Gram Panchayat were held on 06. 07. 2006. The petitioners in these writ petitions were declared elected as Members of Ward Nos. 1, 6 and 2 respectively. The persons arrayed as respondents No. 2 in each of the writ petitions (for short 'the respondents') filed O. P. Nos. 2, 5 and 3 respectively before the Election Tribunal-cum-Junior Civil Judge, Alampur, challenging the election of the petitioners. The common ground urged in all the election petitions is that the petitioners herein have given birth to third child after expiry of one year from 30. 05. 1994, on which date the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'), came into force. The petitioners denied the allegations- They have also raised objection as to the jurisdiction of the Tribunal to decide the said issue. Through separate but similar judgments, dated 16. 04. 2007, the Tribunal allowed the election petitions. The election of the petitioners was set aside and the respondents were declared elected.

(3.) ON behalf of the respondents, it is pleaded that once it is not disputed that the petitioners have more than two children, the burden rests upon them to prove that the third child was not born after 30. 05. 1995. They assert that the jurisdiction of the Tribunal to decide the question of disqualification under Sections 17 to 19 of the Act, in an election is independent of the power of the District Court under Section 22 of the Act and that there is no overlapping.