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2002 Supreme(AP) 475

P.S.NARAYANA
Raglboyina Bhulakahmi – Appellant
Versus
Government Of A. P. , Panchayat Raj Dept. Hyd. – Respondent


P. S. NARAYANA, J.

( 1 ) THE Writ Petition is filed questioning the validity of G. O. Ms. No. 111, PR, RD, and R. (Election-III) Department, dated 3-3-1995 as illegal, arbitrary and ultra vires and hit by article 14 of the Constitution of India.

( 2 ) THE facts in nutshell are as follows, The writ petitioner was elected as sarpanch of Tatarlapalli Gram Panchayat, nuzendla Mandal, Guntur District defeating 2nd respondent in Gram panchayat elections held on 20-8-2001 and she had assumed charge and has been discharging her functions as Sarpanch from the said time onwards. The 2nd respondent filed, an Election Petition, O. P. No. 7/2001 before Election Tribunal headed by District munsif exercising the jurisdiction as persona designata and not as a Judge under sub- clause (3) of Clause (2) of G. O. Ms. No. 111, pr, RD and R (Election-III) Department dated 3-3-1995, r/w. Section 233 of A. P. Panchayat raj Act, 1994, hereinafter referred to in short as "act". The said Election Petition was filed on the ground that the petitioner had become disqualified prior to getting elected as Sarpanch inasmuch as she begot three children which is a disqualification under section 19 (3) of the Act and t













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