P. Naveen Rao, J.

1. In the elections conducted to Panchayat Raj bodies in the year 2014, petitioner was elected to the post of Member of Utukuru-2 Mandal Praja Parishad Territorial Constituency (MPTC) as candidate of Yuvajana Shramika Rythu Congress Party (YSRCP). The State Election Commission conducted elections to the President and Vice-President of Mandal Praja Parishad, Rajampeta Mandal on 04.07.2014 to Rajampeta Mandal Praja Parishad. On 3.7.2014, the YSRCP issued whip directing its members to cast their votes to the candidate sponsored by the party as a President of the Rajampet Mandal Praja Parishad. In defiance of the said whip, petitioner contested to the post of President as a candidate sponsored by the Telugu Desam Party and was successful. On the same day, YSRCP has complained to the State Election Commission to disqualify the petitioner as Member of MPTC and also as President of Mandal Praja Parishad. In response to the said intimation given by the party, the Presiding Officer of the Mandal Praja Parishad issued notice dated 15.07.2014 calling upon the petitioner to submit her explanation as to why she should not be disqualified. Petitioner filed her explanation on 20.07.2015. She denied of issuance of any whip by YSRCP and that the question of disobedience of the said whip would not arise. The Presiding Officer, Mandal Praja Parishad, Rajampeta Mandal, passed orders on 18.08.2014 disqualifying the petitioner as President of MPP and as primarily member of Mandal Parishad Territorial Constituency. Aggrieved thereby this writ petition is filed.

2. Heard learned senior counsel Sri Vedula Venkata Ramana for the petitioner, learned senior counsel Sri D. Sudarshan Reddy for the 4th respondent and Sri V.V. Prabhakar Rao, learned standing counsel for the State Election Commission.

3. Learned senior counsel contends that provision in Section 153 of Panchayat Raj Act, 1994 (for short, Act, 1994) is not attracted inasmuch as YSRCP was not recognized political party as on the date of election of the petitioner as Member of Utukuru-2 Mandal Parishad Territorial Constituency. Only a recognized political party can issue such whip and whip issued by the recognized political party is alone valid. YSRCP was only a registered political party by 30.03.2014 and it was granted recognition by Election Commission of India only on 27.06.2014. He, therefore, submits that disqualification impugned in the writ petition is ex facie illegal and is liable to be set aside. Learned senior counsel further contends that even assuming that petitioner was disqualified as President of Mandal Praja Parishad, the disqualification is applicable only to that post and it can not automatically result in disqualifying the petitioner as Member of the Mandal Parishad Territorial Constituency. He further submits that, in reiteration of the first contention that YSRCP was not a recognized political party by the time the elections to Mandal Parishad Territorial Constituency was held on 30.03.2014 and, therefore, she is not bound by the whip issued by such party as on that date and, therefore, she cannot be disqualified on the said provision to the post of Member of Mandal Parishad Territorial Constituency.

4. Learned senior counsel placing reliance on the decision of the division bench of this Court in the case of Singam Satyanarayana and others v. Election Officer and Deputy Chief Executive Officer, Zilla Parishad, Ranga Reddy District and others, contends that as YSRCP did not have recognition by the time elections were held on 30.03.2014, the provision in Section 153 of the Act is not attracted.

5. With reference to the objection on maintainability of the writ petition, when an alternative remedy by way of appeal to the District Court is provided under Section 153-Aof the Act, 1994, learned senior counsel contended that since the order ex facie vitiates as without power and jurisdiction inasmuch as the whip issued by the YSRCP is not binding on the petitioner