GUNDALA MALLIKA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present writ petition is filed under v 226 of the Constitution of India for issuance of a Writ of Mandamus to declare the action of the 2nd respondent-Revenue Divisional Officer, Utnoor, Adilabad District, in issuing the impugned notice bearing No.H/1825/2019, dated 26.08.2019, as being illegal, arbitrary, unjust and contrary to G.O.Ms.No.4 Panchayat Raj and Rural Development (PTS.III) Department, dated 29.01.2019.

(2.) Heard Sri Gajanand Chakravarthi, learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj and Sri A. Ananda Chary, learned counsel appearing for the 3rd respondent.

(3.) It is the case of the petitioner that the 2nd respondent lacks jurisdiction in issuing the impugned notice to the petitioner whereby the petitioner's election to the post of Sarpanch of Shyampur Gram Panchayat is sought to be questioned on the ground of the petitioner having more than two children, contrary to the provisions of Section 21 of the Telangana Panchayat Raj Act, 2018 (hereinafter referred to as 'the Act') and also contrary to G.O.Ms.No.4, dated 29.01.2019 whereunder Rules relating to the authority and manner for disposing the election petitions in respect of Gram Panchayats, Mandal Praja Parishads and Zilla Parishads have been framed.