B K PARTHASARATHI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) An important question of law as to the constitutional validity of Section 19 (3) of the Andhra Pradesh Panchayat Raj Act, 1994 is raised in this writ petitions.

(2.) In all these three writ petitions, the individual petitioner is either an elected Chairman or some other office bearer of one of the local bodies created under the Andhra Pradesh Panchayat Raj Act, 1994.

(3.) For the purpose of convenience, few facts relating to each of these three writ petitions are traced as under :In Writ Petition No. 19068 of 1997, the petitioner is the Chairman of Anantapur Zilla Parishad. He was initially elected as ZPTC member from Roddam Territorial Constituency of Anantapur District and subsequently he was elected as Chairman of Zilla Parishad, Anantapur on 20-3-1995. By the time he choose to contest the elections for the office of ZPTC member, he had four children. However, after being elected as Chairman, Zilla Parishad, Anantapur, a female child was born to him on 28-4-1997 in Gautami Nursing Home, Anantapur. It is alleged that a birth of an additional child during holding of the office under the said Act beyond permissible limits as provided under Section 19 (3) of the Act disqualifies a person to hold such office. The petitioner was, therefore, issued proceedings in RC No. 2502/97/Cl. dated 3-8-1997 by the third respondent intimating about the disqualification of the petitioner.