I V RAMANA Vs. K SANYASI NAIDU
HIGH COURT OF ANDHRA PRADESH
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(1.)This appeal arises from the judgment in Writ Petition No. 6908 / 90. The appellant was elected as the Sarpanch of Pothureddipalam Gram Panchayat in the election conducted on 12-3-1988. Respondents 1 and 2 were the unsuccessful candidates. First respondent filed O.P. No. 19 / 88 challenging the election of the appellant before the District Munsif, Yellamanchilli. Case of the first respondent was that the appellant was not qualified to be elected as sarpanch because he was disqualified in terms of Sec. 17 of the A.P. Gram Panchayats Act, 1964 in that he was an employee of Etikoppaka Co-operative Sugar Factory. The Election Tribunal, namely, the District Munsif, Yellamanchili after considering the evidence led before him found: that the appellant being an employee of Etikoppaka Co-operative Sugar Factory, was disqualified under Sec.l7(l) of the A1 .P. Gram Panchayats Act. The Tribunal, therefore, set aside the election of the appellant.
(2.)Appellant filed Writ Petition No. 6908 / 90 challenging that order, dated 24-4-1990. He raised two contentions in the Writ Petition. Firstly, that Section 17dealt with disqualification only of Members of Gram Panchayat and Sarpanch is not a Member. He submitted, therefore, that the Election Tribunal committed an error of law in disqualifying him under Sec.17 of the Gram Panchayats Act His second submission is that he was only a seasonal worker in the Co-operative Sugar Factory and only regular employees suffer the disqualification under Section 17. These contentions were rejected by the learned single Judge. Hence this appeal.
(3.)Counsel for the appellant reiterated the contentions which he has raised before the learned single Judge. A counsel for the first respondent invited our attention to Sec. 12(6) of the A.P. Gram Panchayats Act to the effect that the "provisions of Sections 17 to 22 shall apply in relation to the office of the Sarpanch as they apply in relation the office of an elected member of the Gram Panchayat". It is clear from the above provision that there is no basis for the first submission of the appellant.
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