SRINIVASULU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The parties have agreed for the final disposal of the writ petition itself.

(2.) In this writ petition, the petitioner questions the rejection of his nomination for the post of Sarpanch of Thatikonda Gram Panchayat, Bhoothpur Mandal, Mahabubnagar District.

(3.) It is urged before me by Mr. Malla Reddy, learned senior Counsel that the petitioner is presently working as inchargeSarpanch of the aforesaid Gram Panchayat on the resignation of the Sarpanch and the third respondent has issued an election notification for the post of the Sarpanch of the said Gram Panchayat on 1-6-1998 fixing the election schedule as under: (i) Filing of nominations -- From 2-6-98to 8-6-98. (ii) Scrutiny of nominations - 9-6-1998 (iii) Withdrawal of nominations - 12-6-98 (iv) Election - 29-6-98 He submits that the nomination of the petitioner for the post of Sarpanch has been improperly rejected by the third respondent on the ground that he is disqualified within the meaning of Section 19(3) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'). He also submits that he has questioned the validity of Section 19(3) of the Act. According to the learned Counsel, the third respondent-Election Officer has not held proper enquiry or given an opportunity to the petitioner to rebut the objections submitted by the other candidates, and as such, it violates the principles of natural justice. He lastly submits that the petitioner has already submitted a representation before the Government on 18-6-1998 for relaxation of the conditions under Section 19(3) of the Act by invoking the third proviso thereto which is still pending.