( 1 ) WRIT Petition No. 20556 of 1999 was filed by the in-charge Sarpanch Peravalipalem, vemuru Mandal, Guntur District as per the resolution of the Gram Panchayat adopted for the purpose. Writ Petition No. 21494 of 1999 was filed by some of the voters of the same Gram Panchayat seeking a declaration that the 4th respondent herein is to entitled to act as the Sarpanch of pervalipalem Gram Panchayat by issuance of writ of mandamus. As the issue raised in both these writ petitions being the same, they can be disposed of by a common order.

( 2 ) THE question that falls for consideration in these two writ petitions would be when two candidates contested for the office of Sarpanch and the candidate sleeted ultimately found to be disqualified to ;ontest for the office of Sarpanch, whether the court is bound to declare the other candidate in the fray as Sarpanch of the village automatically under Rule 13 of A. P. Panchayat (Election Tribunals in respect of gram Panchayats, Mandal Parishads and zilla Parishads) Rules 1995 hereinafter called as election Tribunal Rules framed by the Government in exercise of its rule making power under Section 233 read with section 268 (1) of A. P. Panchayat Raj Act (hereinafter referred to as the Act ) and the rules.

( 3 ) THE facis of the case are not in dispute.

( 4 ) THERE candidates by name sri Vishnumolakala Basava Punnaiah, sri Javvaji Ammaiah-respondent No. 5 herein and Vishnumolakala Eswara Rao- respondent No. 4 herein contested for the office of Sarpanch of the village and they secured 976,890 and 60 votes respectively, whereas 74 votes were declared as invalid out of 2000 votes polled. Vishnumolakala basava Punnaiah was elected as Sarpanch of the village as he polled highest number of votes.

( 5 ) QUESTIONING the election on the ground that the elected Sarpanch incurred disqualification from contesting elections under Section 19 (2) (i) read with Sec. 14 (6) of the act as surcharge certificates were issued against him for misusing the panchayat funds, respondent No. 4 herein filed O. P. No. 23 of 1995 before the Election tribunal for Gram Panchayats. The Tribunal by its order dated 7/04/1998 held that basava Punnaiah-Respondent No. 1 as well as Javvaji Ammaiah-Respondent No. 2 suffered disqualification, declared first respondent election as void and further gave a declaration that Vishnumolakala eswararao-Respondent No. 4 who secured 60 votes as Sarpanch of the village for remaining period of the elected term.

( 6 ) QUESTIONING the said order, Basava punnaiah filed Writ Petition No. 13483 of 1998 on the file of this court and obtained interim suspension in WPMP No. 16243 of 1998 dated 8-5-1998. Subsequently, during the pendency of the writ petition said Basava punnaiah died on 13-8-1999 and when this fact was brought to the notice of this court, the Division Bench of this court, dismissed the writ petition by an order dated 9-9-1999 as abated. Having come to know about the dismissal of the said writ petition, the Gram panchayat seemed to have convened an urgent meeting on 20-9-1999 and resolved to file a writ petition on the file of this court seeking a declaration that the 4th respondent is not eligible to take charge as sarpanch of the gram Panchayat as he secured only 60 votes (ie) less than the votes secured by a defeated ward member and authorized the Vice President to file a writ petition on the file of this court. As per the authorization the Upasarpanch filed Writ petition No. 20556 of 1999.

( 7 ) BY the time these two writ petitions came up for admission, the District Collector (Panchayat Wing), Guntur in his proceedings ROC NO. 6169/99-G1, dated 29-9-1989 issued orders directing respondent No. 4 to assume the office of sarpanch of the village by duly taking oath of allegiance in the presence of Divisional panchayat Officer, Tenali and Respondent no. 4 assumed office of Sarpanch on 30-9-1999. While admitting W. P. No. 20556 of 1999 by an order dated 1-10-1999 th