BANDI VISWESWARA RAO Vs. DEPUTY PANCHAYAT OFFICER, BHIMAVARAM (ELECTION OFFICER) AND OTHERS
LAWS(APH)-1955-11-37
HIGH COURT OF ANDHRA PRADESH
Decided on November 02,1955

Bandi Visweswara Rao Appellant
VERSUS
Deputy Panchayat Officer, Bhimavaram (Election Officer) And Others Respondents




JUDGEMENT

- (1.)This is a petition under Article 226 of the Constitution of India for quashing the order, dated 14th July, 1953 of the Regional Inspector of Local Boards and Municipal Councils, Northern Range, Vijayawada fixing a fresh date for the publication of the list of valid nominations for the election of President and for quashing the order of the Deputy Panchayat Officer, Bhimavaram, including the name of Kanumilli Venkataramayya as the fourth valid nomination for the election of President and for other incidental reliefs.
(2.)The village of Attili West Godavari District was declared to be a Class I, Panchayat under the Madras Village Panchayats Act (hereinafter referred to as the Act). The division of the wards in the said village was made in May, 1952 and the number of general seats was fixed at 11 and reserved seat at 1 for the said Panchayat. In or about January, 1953, the relevant portion of the electoral roll of the assembly constituency was adopted as the electoral roll of the Panchayat and was duly published. Some months, prior to the publication, i.e., on 29th August, 1952, the Election Commission directed the deletion of the name of K. Venkataramayya, the 4th respondent herein, from the electoral roll of the Union Parliament for a period of five years as from 1952 as he did not submit a return of election expenses to the Election Commissioner. Accordingly, in the electoral roll published by the prescribed authority, the serial number against the name of the 4th respondent was ringed off and a note was made in red ink to the effect that the name of Venkataramayya was removed for a period of five years from 15th May 1952. Though the Election Commission removed this disqualification on 15th May 1953, his name was not restored by amending the electoral roll in the manner prescribed. The panchayat electoral roll, which was subsequently published also contained the above note. The effect was that Venkataramayya's name was not on the electoral roll of the panchayat.
(3.)The 2nd respondent, the Regional Inspector of Local Boards and Municipal Councils, Northern Range, Vijayawada, ordered the conduct of the elections to the said panchayat in pursuance of which the electoral roll and notices were published on 27th April, 1953. The dates of receipt of nominations and scrutiny were fixed as 5th May, 1953 and 6th May, 1953, respectively while the poll was scheduled to take place on 19th May, 1953. The petitioner filed his nomination for the office of President of the panchayat on 5th May, 1953. The 4th respondent Venkataramayya, whose name was on the electoral roll also filed his nomination for the same office but the Election Officer, on the date of scrutiny, rejected his nomination on the ground of the aforesaid disqualification. The 4th respondent preferred an appeal to the Assistant Collector, Narasapur, who rejected the appeal for the reason that his name was on the electoral roll and that his name was subsequently restored in the electoral roll in the prescribed manner. But the Government by its order, dated 14th May, 1953, stayed the election of the President till further orders. The Government by their order dated 7th July, 1953, ordered the name of the 4th respondent to be included in the list of valid nominations on the ground that the rejection of the candidature was contrary to Rule 8 (2) of the Rules for the Election of President of Panchayats. Pursuant to the order of the Government, the 2nd respondent in his R. O. G. No. 6679 of 1953, dated 14th July, 1953, in partial modification of the previous proceedings, approved the revised election programme including the name of the 4th respondent in the list of valid nominations in respect of the election of President of the Panchayat and fixed the following dates :
Publication of list of valid nominations for the election of the President... 20-7-1953

Poll for the election of the President and members of the panchayat... 31-7-1953

Counting of votes... 1-8-1953
The Election Officer published a list of valid nominations for the election including therein the name of the 4th respondent.
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