( 1 ) THE petitioner herein is a candidate for the post of Member, Pedakurapadu Zilla Parishad Territorial Constituency. She and respondents 4 and 5 herein filed nomination papers. The nomination papers filed by respondents 4 and 5 were accompanied by demand drafts of the prescribed amount drawn on Canara Bank. The third respondent purported to have entertained a doubt as to whether such a deposit is valid one and referred the matter to the first respondent herein for his opinion. However, according to the petitioner, without waiting for the opinion of the first respondent, the third respondent accepted the nomination of respondents 4 and 5 herein.

( 2 ) MR. T. Suryakaran Reddy, learned counsel appearing on behalf of the petitioner submitted that having regard to the provisions contained in Rule 7 of the Andhra Pradesh Panchayat Raj (Conduct of Elections of Members and Sarpanch of Gram Panchayat, Members of Mandal Parishad and Members of Zilla Parishad) Rules, 1994. Such deposit being not a valid deposit, the nominations of respondents 4 and 5 could not have been accepted and in that view of the matter no election is required to be held. In a situation of this nature