Decided on April 19,1963

Lankala Ramareddy Appellant
Shaikh Ahmed And Another Respondents


NARASIMHAM,J. - (1.) This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari quashing the order of the Munsiff Magistrate. Shadnagar holding that the first respondent herein was not disqualified for being elected as a Panch of the Gram Panchayat of Peda Elkacharla, Shadnagar Taluk, Mahabubnagar District under the Andhra Pradesh (Telangana Area) Gram Panchayats Act (Act XVII of 1956).
(2.) The facts leading to the filing of the writ petition are these. The first respondent is the Asaldar Police Patel of Peda Elkacharla village, He had nominated one Ghulam Hussain to perform the services of Police Patel on his behalf as his Gumasta for a period of one year commencing from 28-1-59. The said Ghulam Hussain continued to work as a Gumasta after the expiry of his nomination period. The first respondent (who will be referred to hereafter as the Asaldar) addressed a letter to the Tahsildar concerned dated 2-1-61 Ex. A-3, stating inter alia that he proposed to contest the forthcoming election to the Gram Panchayat and requested the officer to appoint a Gumasta to discharge the functions of the Police Patel on behalf of the Government. On his request, the Tahsildar called for proposals from the Revenue Inspector, and in the usual course appointed one Hamid Sharif as a Gumasta on 22-2-1961 on behalf of the Government. The said Hamid Sharif took over from the Asaldar's nominee, Ghulam Hussain on 22-2-1961. Meanwhile, the Asaldar filed his nomination by 11-1-61. At the time of the scrutiny of the nominations, the writ petitioner (who will be referred to hereinafter as the petitioner) raised an objection before the Returning Officer that the first respondent was disqualified from contesting the election on account of his being an Asaldar and functioning as such. But, his objection was rejected by the Returning Officer. The Asadar contested the election. The polling took place on 27-1-61, The petitioner also contested the election. The Asaldar secured 91 votes as against 19 votes by the petitioner and the Asaldar was declared elected on 31-1-61. It would appear that subsequently on 7-2-61 he was elected as the Sarpanch. The petitioner then filed an election petition on 14-2-61 before the Munsiff Magistrate, Shadnagar-O.P. 2 of 1961 challenging the election of the Asaldar to the Gram Panchayat on the ground of his disqualification, being as Asaldar Police Patel of the village. It may be noticed that under Section 24 (3) of the Andhra Pradesh (Telengana area) Gram Panchayats Act (hereinafter referred to as the Act) the Munsiff Magistrate shall deal with the election petition and his decision shall be final and conclusive and shall not be questioned in any Court of Law. The Munsiff Magistrate held that Ghulam Hussain was not the nominee of the Asaldar after 28-1-1960 and that the Asaldar was not disqualified under Section 17 (e) of the Act. On that finding, he dismissed the election petition. The said order is sought to be removed by certiorari in this writ petition.
(3.) The prime question for consideration is if the finding of the learned Munsiff Magistrate is a manifest error patent from the record.;

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