Decided on January 20,1971



N.Kumarayya, C.J. - (1.)This appeal is directed against the order of Ramachandra Rao, J. in Writ Petition No. 4180 of 1970 whereby he allowed the said writ petition with costs.
(2.)The petition was for issuance of a Writ of Mandamus directing the Divisional Panchayat Officer, Vijayawada and the Election Officer of velpur Gram Panchayat to forbear from holding the election to the 6th ward of velpur Gram panchayat pending disposal of the election petition before the Election Tribunal (Principal District Munsif, Vijayawada).
(3.)The said election petition was filed in the following circumstances; The Gram Panchayat Elections of Velpur village were duly held on 16-7-1970. There were 9 constituencies from which various members were returned. We are however concerned in this proceeding only with the 6th Constituency. There it was a straight contest between the writ petitioner and the third respondent to the writ petition. The latter came out successful. But his rival candidate called in question his election by filling an election petition. He sought for setting aside the election of the returned candidate as being invalid. He further prayed for a declaration that he himself had been duly elected. Even before this petition was filed on 31-7-1970, the third respondent submitted his resignation from membership on 27-7-1970 itself. According to the provisions of Section 23 of the Gram Panchayats Act, any member may resign by giving a notice in writing to the Block Development Officer or the Divisional Panchayat Officer as the case may be. If the resignation is delivered personally to the officer concerned. it will take effect from the date of receipt. In other cases, it will take effect from the date of receipt. In other cases, it will take effect from the date of confirmation of the genuineness of resignation from the person resigning. By reason of this resignation delivered ;personally, the Divisional Panchayat Office reported to the second respondent Election Officer of Velpur Gram panchayat within 15 days as contemplated by law so that he may take steps for a fresh election for ward 6. As the said vacancy was a causal vacancy it had to be filed up within 4 months in accordance with the provisions of Section 11 (4) of the Gram Panchayats Act. The second respondent accordingly issued an election notice fixing the date for various stages and the date of election as 2-9-1970. This was notified on 11-8-1970. The last date for receiving nomination papers was fixed as 22-8-1970. In compliance with the election notice given. 5 nomination papers were filed, but the writ petitioner raised demur to the receiving of nomination papers and holding elections on the ground that the elections petitions before the Principal District Munsif. he had informed the first respondent as early as on 6-8-1970 that the election petition had already been filed so that fresh election may not take place. But since the election programme was not held in abeyance the petitioner came to this court seeking for the relief referred to above.

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