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2007 Supreme(AP) 502

V.V.S.RAO
Mellimi Lakshmikantam – Appellant
Versus
Election Tribunal-cum-Principal District Judge – Respondent


Advocates Appeared:For the Petitioner:M.V. Durga Prasad, Advocate. For the Respondents:G.P for Panchayat Raj, M. Prabhakar Rao, Kodanda Ram, Advocates.

Judgment :-

This writ petition is filed seeking a writ of Prohibition restraining first respondent, namely, Court of Principal District Judge, West Godavari District at Eluru, from proceeding with O.P.No.799 of 2006.

Election to the office of Sarpanch, Kanuru Gram Panchayat of Peravali Mandal in West Godavari District, was held on 02.8.2006. Petitioner and respondents 2 and 3 herein contested the election. Petitioner was declared elected having polled 2081 votes. On 18.8.2006, second respondent filed E.O.P.No.799 of 2006 on the file of first respondent under Sections 233, 19(3) and 22(1) of Andhra Pradesh Panchayat Raj Act, 1994 (the Act, for brevity) read with Rule 2(i)(a) and 4(ii) of Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (the Rules, for brevity). Second respondent prayed to declare the election of petitioner herein as void and to declare her (second respondent) as elected having polled next highest number of votes. As an alternative, a direction to conduct fresh elections to office of Sarpanch was also sought.

After receiving the notice, petitioner herein filed I.A.No.3674 of 2006 to reject

































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