SAMALA JANAKI RAMULU Vs. MUNIGADAPA KANAKAIAH

JUDGEMENT

(1.) THE elections to the Gram Panchayat of Challur Village, Rajapet Mandal, Nalgonda District were held on 02. 08. 2006. The petitioner and the first respondent filed nominations for Ward No. 10 of the Gram Panchayat. The petitioner raised an objection for the nomination of the first respondent on the ground that he was convicted for an offence, in C. C. No. 587 of 2001 by the Court of the Additional Judicial Magistrate of First Class, Bhongir and was sentenced to pay fine of Rs. 600/ -. The nomination of the first respondent was rejected by the Returning Officer, the second respondent herein, on the ground that he was convicted for an offence, in C. C. No. 587 of 2001. The appeal preferred by the first respondent before the third respondent was also dismissed. Thereby, the first respondent was kept out of fray of election and the petitioner was declared as elected.

(2.) THE first respondent filed O. P. No. 14 of 2006 before the Principal Junior Civil Judge, Bhongir challenging the rejection of his nomination. The petitioner was impleaded as the first respondent. Through its order, dated 20. 10. 2008, the learned Junior Civil Judge allowed the O. P. and has set aside the election of the petitioner. Direction was also issued to respondents 2 to 4 herein to take steps to fill the resultant vacancy. The petitioner feels aggrieved by the order of the learned Principal Junior Civil Judge.

(3.) SRI N. Sreedhar Reddy, who filed caveat, on behalf of the first respondent submits that his client did not incur disqualification under Section 19 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act') and even if the judgment in Criminal Appeal No. 144 of 2003 was to be ignored, the disqualification under Section 19 of the Act is not attracted. He submits that when it was categorically pleaded by the first respondent that the conviction and sentence against him were set aside in appeal, the third respondent ought to have examined the matter and that the learned Principal Junior Civil Judge, Bhongir had corrected the injustice meted out to the first respondent.