BUKKE LAKSHMA NAIK Vs. STATE ELECTION COMMISSION SECUNDERABAD

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner as well as the Standing counsel appearing for the 1st respondent-State Election Commission and the learned government Pleader fox Pacnchayat Raj appearing for respondents 2 to 6 and Sri ravindra Bharati, learned Counsel for the 7th respondent.

(2.) THE petitioner questions the proceedings No. 730/sec-B2/2006 dated 29. 7. 2006 of the 1st respondent-State election Commission, in re-notifying the election programme for the Office of the sarpanch and the Ward Member pertaining to Ward No. 9 of Adireddypalle Gram panchayat from the stage of publication of list of contesting candidates and also rescheduling the date of poll for conducting elections of Ward Members of other Wards to synchronize it with elections of Sarpanch and Ward Member of Ward No. 9 of adireddypalle Gram Panchayat in Mydukuru mandal, Kadapa District.

(3.) A perusal of the said notification of the State Election Commission would go to show that the election notification for conducting elections to Adireddypalle Gram panchayat was issued on 15. 7. 2006 and the 7th respondent-Moode Kote Naik filed nominations for both Sarpanch and ward Member of Ward No. 9 of the said gram Panchayat. But, the Returning Officer erroneously rejected the nomination of the 7th respondent on the ground that he cannot contest for both the offices of sarpanch as well as Ward Member and after expiry of time for withdrawal of the candidature, the elections were held for the post of Sarpanch and the petitioner was unanimously elected to the office of the sarpanch of the said Gram Panchayat. The returning Officer also issued a certificate in form No. XXIX under Rule 63 of the a. P. Panchayat Raj (Conduct of Elections)Rules, 2006 (for short "the Rules, 2006")duly declaring the petitioner elected Sarpanch of the said Gram Panchayat on 23. 7. 2006.