Andhra Pradesh High Court - Amravati
Gedela Sayamma vs Tulagapu Sujatha on 12 August, 2022
Author: Battu Devanand
Bench: Battu Devanand
HON'BLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION No.1565 of 2022
ORDER:
The present Civil Revision Petition is filed seeking direction for speedy disposal of the E.O.P. No.04 of 2021 pending on the file of the Election Tribunal-cum-Junior Civil Judge at Amadalavalasa, Srikakulam District.
02. Learned counsel for the petitioner submits that the Election Commission of the Andhra Pradesh issued Notification on 08.01.2021 for conducting elections for Gram Panchayats in the State of A.P. for electing members and Sarpanches for the respective Gram Panchayats in the State. After filing of nominations and after completion of scrutiny, the petitioner, 1st respondent and 2nd respondents are selected as contesting candidates for the Sarpanch of Singannapalem village in the election held on 17.02.2021. The 3rd respondent, without following the procedure laid under the Election Rules, conducted counting even though the petitioner raised objection. During the counting, out of 649 votes, the petitioner secured 227 votes, whereas the 1st respondent secured 221 votes and the 2nd respondent secured 182 votes and invalid as well as NOTA votes are 19. At that 2 stage, the 2nd respondent having come to know about his defeat, colluded with the 1st respondent and influenced the 3rd respondent and consequently, they got the power supply was off and then illegally transposed 7 votes, out of 19 invalid votes, in favour of the 1st respondent as valid votes and shown 12 votes are invalid as well as NOTA votes. The 3rd respondent declared the 1st respondent as Sarpanch and issued certificate to that effect.
03. Aggrieved by the same, the petitioner filed a petition in E.O.P. No.04 of 2021 before the Election Tribunal-cum-Junior Civil Judge at Amadalavalasa, Srikakulam District. The grievance of the petitioner is that the tenure of the said post is five years and after filing of the Election Petition, already 1½ year time is lapsed and as such, early disposal of the Election Petition is required in the interest of the Justice.
04. 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 3 Tribunal-cum-Junior Civil Judge at Amadalavalasa to dispose of the E.O.P.No.04 of 2021 on priority basis as expeditiously as possible.
Accordingly, the Civil Revision Petition is allowed directing the Election Tribunal-cum-Junior Civil Judge at Amadalavalasa to dispose of the E.O.P.No.04 of 2021 on priority basis as expeditiously as possible, preferably within three (3) months from the date of receipt of a copy of this Order. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
______________________________ JUSTICE BATTU DEVANAND 12.08.2022 C.C. by 16.08.2022 MP 4 HON'BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION No.1565 of 2022 12.08.2022 MP