IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27472 of 2008 Between: D. Nama Naik S/o. Gola R/o. Kanchal Thanda, Bommalaramaram Mandal, Nalgonda District. ..... PETITIONER AND 1 The District Collector, Nalgonda District at Nalgonda. 2 The Revenue Divisional Officer Bhongir, Nalgonda District. 3 The Divisional Panchayat Officer Nalgonda. 4 Dheeravath Valu Naik S/o. Dhanja R/o. Kanchal Thanda, Bommalaramaram Mandal, Nalgonda District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Mandamus or any other appropriate writ or writs order or direction declaring the action of respondents No.1 to 3 in not taking action agailnst 4th Respondent under Section 19(3) of A.P. Panchayat Raj Act 1994 as illegal and arbitrary by consequently directing the respondents to forthwith act upon the complaint made by petitioner and others and the report dt. 25-7-2008 in Lr.No. A/795/08 submitted by Tahsildar, Bommalaramaram Mandal, Nalgonda District and take action against the 4th Respondent under Section 19(3) of A.P. Panchayat Raj Act and disqualify him from further being continued as Sarpanch of Kanchal Thanda, Bommalaramaram Mandal, Nalgond District Award costs and pass such other or further orders Counsel for the Petitioner:MR.N.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No.27472 of 2008 ORDER: The fourth respondent was elected as Sarpanch of Gram Panchayat o f Kanchal Thanda of Bommalaramaram Mandal, Nalgonda District in the election held in the year 2006. The petitioner functioned as Sarpanch for the same Gram Panchayat on earlier occasion. Complaining that the fourth respondent gave birth to a third child on 24.7.2007 and thereby incurred disqualification under sub-section 3 of Section 19 of A.P.Panchayat Raj Act, 1994 (for short ‘the Act’), the petitioner submitted a representation to the Divisional Panchayat Officer on 21..04.2008 to take necessary steps. Copies were marked to the District Collector and District Panchayat Officer. It is stated that the District Collector endorsed the representation to the Revenue Divisional Officer, Bhongir and the latter in turn submitted a report dated 10.11.2008. The third child was born on 24.7.2007. The petitioner submits that the respondents 1 to 3 have not taken any steps contemplated under Section 22 of the Act though several months have elapsed. Heard Sri N.Sreedhar Reddy, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Sri G.Arun Kunmar, learned counsel for the fourth respondent. Section 19(3) of the Act provides for disqualification of an individual either from contesting the election or from continuing in elected office, in the event of his or her begetting the third child. Section 22 of the Act prescribes the procedure for adjudication of the claims in this regard. The District Court is constituted as a forum. In the ordinary course, a complaint in this regard made to the Executive Authority of the Gram Panchayat or Mandal Revenue Officer as the case may be. Thereafter, intimation in this regard has to be given to the concerned member, through the District Panchayat Officer. Section 22 of the Act provides for initiation of proceedings before the District Court, by the Executive Authority on a direction issued by the Gram Panchayat, or the Commissioner or directly by the person who is said to have incurred disqualification or by any other member. For one reason or the other, the complaint made by the petitioner did not result in giving of intimation by the District Panchayat Officer to the 4th respondent. Therefore, the situation does not emerge where proceedings can be initiated by either Chief Executive Officer or the fourth respondent. Inasmuch as a complaint was submitted by the petitioner, he can certainly move the court by filing an O.P. He does not have to depend upon the steps to be taken by others. Hence, the writ petition is disposed of leaving it open to take necessary steps under Section 22 of the Act by himself. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 21-01-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}