KAMASANI PEDDA KOTAIAH Vs. CHIMAKURTHI CHINA VENKATESWARLU

JUDGEMENT

(1.) AN order, dated 17. 10. 2008, passed by the Election tribunal-cum-Junior Civil Judge, Vinukonda, in E. O. P. No. 2 of 2006 is challenged in these two writ petitions.

(2.) FOR the sake of convenience, the parties herein are referred to as arrayed in w. P. No. 24880 of 2008.

(3.) THE petitioner was elected as sarpanch of Sivapuram Gram Panchayat of vinukonda Mandal, Guntur District, on 29. 7. 2006. The first respondent, who contested and lost against the petitioner, filed e. O. P. No. 2 of 2006 before the Election tribunal-cum-Junior Civil Judge, Vinukonda. It was alleged that the petitioner incurred disqualification under Section 19 (3) of the a. P. Panchayat Raj Act, 1994 (for short 'the Act'), by giving birth to a third child, after 30. 5. 1995. The petitioner denied the allegation and pleaded that the third child was born on 15. 7. 1994. Through its order, dated 17. 10. 2008, the Tribunal had set aside the election of the petitioner and directed the Election Authority to conduct fresh elections. The petitioner challenges the order of the Election Tribunal.