Ungarada Mangamma vs Election Tribunal Cum Senior Civil Judge At Srikakulam & Others

Battu Devanand, J

This Writ Petition has been filed by the Petitioner seeking the following relief:

“to declare the inaction of the respondent No.1 Election Tribunal in disposing the EOP No.1 of 2021 pending on the file of the Election Tribunal-cum-Senior Civil Judge, Srikakulam within stipulated time as arbitrary, illegal and contrary to the Panchayat Raj Act and Rules and consequently, direct the 1st respondent i.e., Election Tribunal-cum-Senior Civil Judge at Srikakulam, to dispose of the EOP No.01 of 2021 within six months.

Heard learned counsel for the petitioner and the learned counsel appearing for the Respondents and perused the record.

The case of the petitioner is that in pursuance of the election notification issued for the post of MPTC, Kothakota, Laveru Mandal Praja Parishat, Laveru Mandal, Srikakulam District, herself and respondent No.2 filed their nominations for the said post. As the respondent No.2 i.e., Ammajamma having three children and she is not eligible for contest of the said post, the petitioner filed an objection to the Returning Officer of MPTC, Kothakota. However, at the instance of the local MLA, her nomination was accepted and symbols were allotted by the election returning officer. Without considering her objections, elections were held on 08.04.2021 and declared the 2nd respondent was elected member on 19.09.2021.

Aggrieved by the same, the Petitioner filed E.O.P.No.1 of 2021 under Section 233 of the A.P. Panchayat Raj Act in the Election Tribunal on 04.10.2021, seeking to set aside the election of the 2nd respondent on the ground that as on the date of the filing of the nomination, the 2nd respondent is having three children.

The grievance of the petitioner is that the tenure of the said post is five years and after filing of the Election Petition, already 11 months is lapsed, and as such, early disposal of the Election Petition is required in the interest of justice.

In view of the above, this Court satisfied that there is substantial force in the contention of the learned counsel for the petitioner. When the tenure of the said post is five years, if the Election Tribunal is not disposing of the Election Petition expeditiously, the purpose of filing Election Petition and constitution of the Election Tribunals will be defeated. Hence, it is appropriate and reasonable to direct the Election Tribunal-cum-Senior Civil Judge at Srikakulam to dispose of the E.O.P.No.1 of 2021 on priority basis as expeditiously as possible.

Accordingly, the Writ Petition is allowed directing the Election Tribunal-Cum-Senior Civil Judge at Srikakulam, to dispose of the E.O.P.No.1 of 2021 on priority basis as expeditiously as possible, preferably within three months from the date of receipt of a copy of this Order.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this case shall stand closed.