GADI KOPPULA RAJAMAULI Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the validity of the order of the Senior Civil Judge, Adilabad dated 6-8-1998 passed in O.P. 25 of 1996 deciding the additional issue holding that the said Court has jurisdiction to entertain the petition under Section 233 of the Andhra Pradesh Panchayat Raj Act, 1994 read with Rule 2 of A.P. Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 filed by the petitioner (sic. 2nd respondent) who was defeated in the election.

(2.) The facts relating to the petition fall in a narrow ambit and may be stated briefly as follows: As per the averments in the petition, under A.P. Panchayat Raj Act, Zilla Parishad was constituted for Adilabad District with its headquarters at Adilabad. Adilabad District was divided into territorial constituencies for election of members to the Zilla Parishad. One such Zilla Parishad Territorial Constituency was constituted for Dandepalli Mandal. Elections were held on 6-3-1995 for the post of Member to the Zilla Parishad. The petitioner herein and the second respondent and two others contested for the said office. The petitioner was a candidate on behalf of the Telugu Desam Party and the second respondent contested on the ticket of Congress-I Party. The third candidate represented B. J.P. and the fourth was an independent candidate. The petitioner was elected as Zilla Parishad Territorial Constituency Member as he secured 9614 votes and the second respondent secured 9606 votes. The petitioner was duly declared elected as Zilla Parishad Territorial Constituency Member on 12-3-1995 in view of his securing majority of 8 votes over the second respondent. Since then, the petitioner has been discharging his duties as Z.P.T.C.Member.

(3.) In the meanwhile, the second respondent filed Election Petition challenging the election in the District Court of Adilabad and the said petition was numbered as O.P.No. 108 of 1995. The petitioner's election was questioned on the ground that invalid votes polled were counted as valid votes in his favour and valid votes polled in favour of the 2nd respondent were also counted in favour of the petitioner.