Elections to the Gram Panchayat of Gulivandada Village, Kothavalasa Mandal, Vizianagaram District were held on 02.08.2006. The petitioner and respondents 1 to 3 contested for the office of Sarpanch. The petitioner was declared elected. The 1st respondent filed E.O.P.No.2 of 2006 before the Election Tribunal-cum-Junior Civil Judge, Kothavalasa, challenging the election of the petitioner. It was pleaded that the petitioner held the office of President of the Water Users Association (for short ‘the Association’) of Venkayyacheruvu of the Village and thereby, incurred disqualification under Section 18 of the A.P.Panchayat Raj Act (for short ‘the Act’). It was alleged that the Returning Officer, 5th respondent herein, rejected the nomination of the petitioner, whereas the Deputy District Election Authority i.e., Revenue Divisional Officer, Vizianagaram, allowed the appeal preferred by the petitioner and accordingly, the nomination was accepted. No other grounds were urged.

The petitioner opposed the E.O.P., by stating that though he was the President of the Association, he submitted resignation to that office on 19.07.2006 itself and that it was accepted by the Superintending