( 1 ) THIS writ petition is filed for the issue of a writ of certiorari to quash the order in Original Petition No. 29 of 1981, dated 16th February, 1983 passed by the election Court-cum-Principal Munsif magistrate, Narsarappet. The facts that arose for filing this writ petition are as under:

( 2 ) THE respondent No. 1, Valeti Raghava rao, filed an election petition. O. P. No. 29 of 1981 against the present writ petitioner impleading him as respondent i and Election Officer, Ganapavaram Gram panchayat, Chilakaluripet taluq, Guntur district as respondent 2. The main allegations in the election petition are that the election to the Office of Sarpanch of the gram Panchayat of Ganapavaram was held on 4th June, 1981 under the Andhra Pradesh gram Panchayats Act, 1964 (for short The act of 1964) and that the petitioner and respondent 1 were the candidates to the office of Sarpanch. Due to the indifference of enumerators, several ineligible persons who were not ordinary residents of ganapavaram village have been registered as voters, that no proper notice was also issued at the time of preparation and publication of draft electoral rolls. Even people from other villages whose gram panchayat elections were held on 4th June, 1981, cast their vote in their respective gram panchayat elections before noon and came to Ganapavaram village in the after noon and voted. It was further alleged that even if for any reason a person s name is enrolled as a voter in different electoral rolls of different panchayats and exercises his franchise more than once in more than one gram panchayat election, his voting in both the panchayat elections should be invalid, at least, his vote exercised lastly in the point of time, should be invalidated. In view of this, the persons shown in the schedule who have exercised their franchise, at the instance of respondent 1 and his supporter in his favour, should necessarily be invalidated. In such an event the petitioner would secure about 40 votes more than the respondent and he is entitled for a declaration as Sarpanch elected. The petitioner, therefore, prayed that it is necessary to order recount of the polled votes and to reject the ballot papers relating Jo the persons shown in the schedule as invalid and declare the petitioner as Sarpanch elected on securing the majority of votes.

( 3 ) THE writ petitioner who is 1st respondent in the election petition filed a counter wherein he denied all the allegations made in the election petition. It is stated that there was enumeration of voters and thereafter, electoral roll was published in accordance with the provisions of law. The names that are found in the voters list of the village panchayat Ganapavaram are the names of the persons who are the residents of ganapavaram village. There was proper publication of the draft electoral roll in the village on 24th November, 1980 by affixing the same to the notice board of the village by beat of tom tom and final electoral roll was published on 31st December, 1980 in the village. The publication of the final electoral roll has become final, by itself, and the same is conclusive until it is amended by the competent authority, in accordance with the provisions of law. The electoral roll comes into force immediately upon its final publication and the election Court has no jurisdiction to adjudicate upon any question with regard to the registration of names in the electoral roll. The allegations that the persons shown in the schedule annexed to the election petition are also voters in their permanent gram panchayat and that they have exercised their votes in their gram panchayat elections held prior to 4th June, 1981 and in some cases, on the same day and that the people from other villages where gram panchayat elections were held on 4th June, 1981, cast their votes in their respective gram panchayat elections before noon and came to Ganapavaram village after noon and the objections of the petitioner and his ag