LINGARAJA RATH, J.

( 1 ) THE petitioner has come before us assailing the communication from the collector dated 3-3-97 in proceedings Roc. No. E1/3718/95-1 directing the petitioner to have ceased as Ward Member from Ward Nos. III and V. The order is purported to have been passed in exercise of powers under rules (3) and (4) of G. O. Ms. No. 135, PR RD and R (Elec. III) Department, dated 13-3-95.

( 2 ) IN the counter-affidavit, it is submitted by respondent No. 2-District collector that the petitioner was elected as member from both the wards and as the petitioner did not exercise his option as to which ward he shall retain, the Collector has passed orders ceasing him as Ward Member from both the wards. On the other hand the petitioner contends that he was never elected from Ward No. III and was elected from Ward No. V, and that he has been wrongly shown as elected from Ward No. III.

( 3 ) SECTION 234 of A. P. Panchayat Raj Act, 1994 reads as follows:"prohibition of holding dual offices and vacation of seats - (1) No person shall be entitled to contest in the elections to the offices of member of the Gram Panchayat from more than one ward or to the office of the member of the Mandal

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