MARENNAGARI VISHVANATHAM Vs. RAJANAGARAM RAMAKRISHNA

JUDGEMENT

(1.) This revision is directed against the order dtd. 22/12/2021 passed in I.A.No.123 of 2021 in EOP No.4 of 2019 on the file of the learned Principal Junior Civil Judge, Wanaparthy, whereby the application filed by the petitioner-first respondent under Order 7 Rule 11(d) read with Sec. 151 CPC is dismissed.

(2.) EOP No.4 of 2019 is filed by one Rajanagaram Ramakrishna-against Marennagari Vishwanatham and others to declare that the election of the first respondent for the post of Sarpanch of Grampanchayat Nirvin Village of Kothakota Mandal, is null and void in view of disqualification under Sec. 21(3) of the Act and to declare him as elected for the post of Sarpanch.

(3.) During the pendency of EOP, the petitioner-first respondent filed an application under Order 7 Rule 11 CPC to reject the EOP. The trial Court after hearing the arguments of both the counsel dismissed the application. The trial Court in its order observed that the question of disqualification on the ground that the petitioner-first respondent is having three children will be decided only after full fledge trial and accordingly dismissed the said application. Moreover, the petitioner-first respondent approached the Office of the District Collector and gave an application stating that the petitioner in the O.P. is having three children and District Collector informed him to approach the competent authority and to take action as per Sec. 242 of the Telangana Panchayath Raj Act and also as per G.O.Ms.No.4 dtd. 24/1/2019.