KSHATHRANGA REDDY Vs. VENKATREDDY

JUDGEMENT

(1.) The petitioner and the first respondent contested in the election's to the office of Sarpanch, Singur Gram Panchayat held on 12-3-1988 and the petitioner was declared elected by a majority of 12 votes. As per the notification published by the competent authority the following is the schedule for conducting elections : 27-2-1988 Filing of nominations 28-2-1988 Scrutiny 12-3-1988 Elections. Challenging the election of the petitioner an election petitionO.P. No. 3/88 was filed by the first respondent, the unsuccessful candidate alleging that on the date of nomina tion and also on the date of the election the petitioner was holding the post of Extra Departmental Branch Post Master and, therefore, he was disqualified under Sec. 17 of the A.P. Gram Panchayats Act, 1964. The plea taken by the petitioner was that he held the post on a temporary basis pursuant to the offer made by the authorities and as the appointment was not a regular one, he did not suffer the disqualification contemplated under Sec. 17. Rejecting that contention the learned District Munsif set aside the election of the petitioner herein and declared the first respondent as duly elected Sarpanch of the Gram Panchayat. Challenging that order of the learned District Munsif this writ petition was filed.

(2.) Shri Narender Reddy, learned counsel for the petitioner hasraised two contentions: (1) The petitioner at the relevant time was not a servant of the Central Government and, therefore, did not suffer the disqualification contemplated under Sec. 17 of the Act; and (2) The District Munsif who entertained O.P. 3/88 had no jurisdiction to entertain the election petition under Rule 50 sub-rule (2) of the A.P. Gram Pancha yats (Conduct of Elections) Rules, 1978 since the alleged disqualification incurred by the petitioner could only be enquired in accordance with the procedure contemplated in Section 22 of the Act,

(3.) Ex. C-1 is the order passed by the Superintendent of Post Offices,Sangareddy Division dated 1-2-88 by which the petitioner herein was appointed provisionally as Extra Departmental Branch Post Master, Sangareddy. Para 2 of the order clearly mentions that the petitioner was offered the provisional appointment for a period of three months from 16-12-87 to 16-3-88 and "He should clearly understand that the provisional appointment will be terminated when regular appointment is made and he shall have no claim for appointment to any post." Paragraph 4 says that the petitioner "will be governed by the Extra Departmental Agents (Conduct and Service) Rules, 1964 as amended from time to time and all other rules and orders applicable to Extra Departmental Agents."