PONUGOTI KONDA REDDY Vs. PONUGOTI LAXMINARASA REDDY
HIGH COURT OF ANDHRA PRADESH
PONUGOTI KONDA REDDY
PONUGOTI LAXMINARASA REDDY
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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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