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Judgment
This revision is directed against the order dated 22.12.2021 passed in I.A.No.123 of 2021 in EOP No.4 of 2019 on the file of the learned Principal Junior Civil Judge, Wanaparthy, whereby the application filed by the petitioner-first respondent under Order 7 Rule 11(d) read with Section 151 CPC is dismissed.
EOP No.4 of 2019 is filed by one Rajanagaram Ramakrishna–against Marennagari Vishwanatham and others to declare that the election of the first respondent for the post of Sarpanch of Grampanchayat Nirvin Village of Kothakota Mandal, is null and void in view of disqualification under Section 21(3) of the Act and to declare him as elected for the post of Sarpanch.
During the pendency of EOP, the petitioner-first respondent filed an application under Order 7 Rule 11 CPC to reject the EOP. The trial Court after hearing the arguments of both the counsel dismissed the application. The trial Court in its order observed that the question of disqualification on the ground that the petitioner-first respondent is having three children will be decided only after full fledge trial and accordingly dismissed the said application. Moreover, the petitioner-first respondent approached the Office of the District Collector and gave an application stating that the petitioner in the O.P. is having three children and District Collector informed him to approach the competent authority and to take action as per Section 242 of the Telangana Panchayath Raj Act and also as per G.O.Ms.No.4 dated 24.01.2019.
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondents.
The EOP is filed before the Junior Civil Judge at Wanaparthy. Learned counsel for the petitioner herein would mainly contend that the Election O.P. is to be filed before the District Court but not before the Junior Civil Judge’s Court and hence requested the Court to set aside the order. The learned counsel also relied upon a judgment of this Court in GARREPELLI SADANANDAM V/s. STATE OF TELANGANA MANU/TL/0381/2020 in which it was held that the authority competent to take decision with regard to disqualification of a member is the District Judge and the authorities are required to approach the Court within the time specified under the Act.
Learned counsel appearing for the respondent-petitioner filed a copy of the letter given by the District Collector on 7.02.2019 and also the copy of G.O.Ms.No.4 dated 29.01.2019 in which it was specifically stated that ‘Junior Civil Judge’ means the Junior Civil Judge appointed under the Telangana Civil Courts Act, 1972 and argued that his client filed EOP before the proper Court.
The election OP is filed to declare the election of a Sarpanch as null and void as the petitioner in EOP is disqualified and having more than three children. In this context, this Court finds it reasonable to verify the provision under Section 28 of the Act, which reads as follows:
“28. Bar of Jurisdiction:-- No order passed or proceedings taken under the provisions of this Act shall be called in question in any Court, in any suit, or application, and no injunction shall be granted by any Court except the Gram Panchayat Tribunal or a District Court in respect of any action taken or about to be taken in pursuance of any power conferred by or under this Act.’
No doubt, the Government issued G.O. in the year 2019 but the judgment of the High Court on which the petitioner-first respondent is relying was pertaining to the year 2020. In the said judgment it was specifically held that District Court is having jurisdiction and even in the enactment it was clearly stated either the Gram Panchayat Tribunal or a District Court is having jurisdiction. Therefore, basing on the letter addressed by the District Collector considering the G.O. the EOP is filed before the Junior Civil Judge’s Court is not proper and the trial Court is directed to return the EOP for presentation before the proper forum i.e. District Court. As the order passed by the trial Court is without jurisdiction, it is not valid and is accordingly set aside.
In the result, the Civil Revision Petition is allowed by setting aside the order dated 22.12.2021 passed in I.A.No.123 of 2021 in EOP No.4 of 2019 on the file of the learned Principal Junior Civil Judge, Wanaparthy.
Miscellaneous Petitions, if any, pending in this revision shall stand closed in the light of this final order.