V.V.S.RAO, S.B.SINHA
Madhava Rao Desai – Appellant
Versus
Union of India, Panchayat Raj Dept. – Respondent
( 1 ) WHILE passing an order disqualifying an elected member of Mandal Parishad territorial Constituency or President of a mandal Parishad in terms of Section 153 of a. P. Panchayat Raj Act, the principles of natural justice are required to be complied with is the question involved in these two writ Petitions.
( 2 ) BRIEFLY-NOTED, the facts are: The petitioner in W. P. No. 15631 is the President of Mudhole Mandal Telugu Desam Party. He was elected as member of M. P. T. C. , mudhole 6 to 12, Adilabad District and a declaration to that effect was issued by the Election Officer-4th respondent on 17-7-2001. In the election conducted for the post of President of Mandal Prarishad, mudhole, the petitioner and one Jadav subhash Rao-5th respondent obtained equal votes and the petitioner was elected as president on application of toss by the 4th respondent and he was accordingly declared to have been elected as President of mudhole Mandal.
( 3 ) WHILE things stood thus, the 4th respondent issued notice on 23-7-2000 stating that 5th respondent was issued b-From by Telugu Desam Party for contesting the post of President and a whip had been issued to vote in favour of the 5th
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