PUNNA SUJATHA Vs. MUSHAM SAKKUBAI

JUDGEMENT

(1.) ELECTIONS to the Gram Panchayat, Bollepally, were held on 02-08-2006. The petitioner and the 1st respondent filed nominations for being elected as members from Second Ward. The petitioner was declared elected as Ward Member. The 1st respondent raised an objection to the nomination of the petitioner, on the ground that she (petitioner) had given birth to a third child, after expiry of one year from the date of commencement of the A. P. Panchayat Raj Act, 1994 (for short 'the Act' ). The objection was overruled and the nomination was accepted. In the elections, the petitioner secured 103 votes, and the 1st respondent 86 votes.

(2.) THE 1st respondent filed O. P. No. 4 of 2006, challenging the election of the petitioner as ward member. The main ground urged on behalf of the 1st respondent was that the petitioner incurred disqualification under Section 19 (3)of the Act. It was alleged that the third child of the petitioner was born on 12-06-1995.

(3.) THE petitioner filed a counter, opposing the allegations of the 1st respondent. She stated that the third child was born on 09-01-1995, that is, before expiry of one year from the date of commencement of the Act. The Tribunal allowed the O. P. , through its order dated 10-12-2008. Hence this writ petition.