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2004 Supreme(AP) 1280

V.V.S.RAO
Chavva Reddy Saraswatamma – Appellant
Versus
Presiding Officcr-cum-Election Officer/nodal officer, Mandala Praja Parishad, kamalapuram, Cuddapah – Respondent


V. V. S. RAO, J.

( 1 ) A short question of considerable importance would arise for consideration in this writ petition as to the right of an elected person to seek election as president of Mandal Parishad as a candidate of political party other than the one on whose behalf such person got elected in the primary elections. The effect of a party whip issued as per the provisions of law on the exercise of such right is also an incidental and inseparable query that requires an answer. Background facts

( 2 ) IN the elections conducted for the offices of the members of territorial constituency of Kamalapuram Mandal under the provisions of A. P. Panchayat raj Act, 1994 (the Act, for brevity) and a. P. Panchayat Raj (Conduct of Elections of Members and Sarpanch of Gram panchayat, Members of Mandal Parishad and Members of Zilla Parishad) Rules, 1994, the petitioner contested as a candidate of telugu Desam Party (TDP ). In the results declared on 17. 7. 2001, she was declared elected as member of Mandal Parishad territorial Constituency (MPTC), kamalapuram in Kadapa District. The next day she submitted resignation to primary membership of TDP. The President of TDP, kamalapuram Mandal accepted
















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