A. GOPAL REDDY, J, J.

( 1 ) THE facts giving rise to the reference before the Full Bench in the writ appeal may be stated in nutshell as follows:

( 2 ) APPELLANT s writ petition questioning the order of the Revenue Divisional Officer, peddapuram dated 30-7-2004 dismissing his appeal filed under Rule 9 (6) of the Rules framed under A. P. Panchayat Raj Act,1994 (for short "the Act") by G. O. Ms. No. 755 panchayat Raj dated 30-11-1994 and as amended by G. O. Ms. No. 279 dated 19-5-1995 against rejection of his nomination for by-election of Ward No. 3 of Peddanapalli Gram panchayat, Yeleswaram Mandal, East godavari District was dismissed by the learned Single Judge by placing reliance upon the decision of a Division Bench of this court in K. Ratnulu v. Collector and district Election Authority and others, 2001 (4) ALT 389 (DB), and two others decisions, namely, Ch. Ramachandra Rao v. State of Andhra Pradesh and others, 2002 (2) ALT 655 and V. Narayana v. Election Officer, Alwal Municipality and others, 2000 (3) ALT 617, holding that the only remedy available to the appellant is to raise an election dispute under Section 233 of the Act.

( 3 ) AT the time of admission of the appeal before

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