PONUGOTI KONDA REDDY Vs. PONUGOTI LAXMINARASA REDDY
LAWS(APH)-1992-3-56
HIGH COURT OF ANDHRA PRADESH
Decided on March 24,1992

PONUGOTI KONDA REDDY Appellant
VERSUS
PONUGOTI LAXMINARASA REDDY Respondents

JUDGEMENT

B.Subhashan Reddy, J. - (1.)This writ petition challenges the order of injunction granted by the Court of the District Munsif, Podili, which is the Election Tribunal under the Andhra Pradesh Gram Panchayat Act, 1964. Elections were held to the post of Sarpanch of Konakanamitla Gram Panchayat, Konakanamitla Mandal of Prakasam District, on 12-3-88. The petitioners herein was declared as duly elected and he was also administered the oath on 12-3-88. The first respondent herein challenged the said election of the petitioner by filing Election Petition No. 2 of 88 and also filed an interlocutory application being IA No. 190 of 88 for the grant of injunction restraining the petitioner from taking oath and also discharging the functions of Sarpanch. The injunction petition has been filed invoking the provisions contained in Order XXX IX Rule 1 of the Code of Civil Procedure. It is un-understandable as to how the Election Tribunal, presided over by a Judicial Officer, has passed such an order of injunction restraining the duly elected Sarpanch from functioning even in the teeth of the statutory provisions contained under Section 147 of the Andhra Pradesh Gram Panchayat Act, 1964, which reads thus :
"147 : Injunction not to be granted In election proceedings :- Notwithstanding anything in the Code of Civil Procedure, 1908, or in any other law for the time being in force, no Court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the preparation or publication of any electoral roll or for the conduct of any election."

(2.)The legislature in its wisdom has thought it fit that no Court shall grant any injunction restraining the duly elected body from functioning. But, in this case, the same was grossly violated. The learned single Judge has rightly suspended the injunction order, by vir ue of which the petitioner has been discharging the functions of Sarpanch and four years have elapsed since the said date i. e. 12-3-1988. We hold that the Election Tribunal had no right, authority or jurisdiction to grant injunction order. Accordingly, the impugned order of injunction granted by the Election Tribunal is set aside. The petitioner shall have his costs.
(3.)The writ petition is allowed with costs. Advocate's fee Rs. 300/-.
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