THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 18182 OF 2011 Dated: 13.07.2011 Between: K.Radha Krishna ..... PETITIONER AND The Government of Andhra Pradesh and others .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 18182 OF 2011 O R D E R : The petitioner claims to be a resident of Bodhan, Nizamabad District. He was the elected Councillor of Ward No.27 of Bodhan for a period of 3 years. Subsequently when he submitted his nomination for election as a member of the Municipality from Ward No.6 in the elections held in the year 2005, the same was rejected by the Election Officer on the ground that he was having more than two children and thus incurred a disqualification under Section 13-B of the A.P. Municipalities Act, 1965. Though the petitioner does not dispute the fact that he is having more than two children, it is pleaded that his wife gave birth to the 3rd child due to the failure of the family planning operation that was performed on 21.2.2002 and that they never had an intention to have the third child. Explaining the facts and circumstances, the petitioner made a detailed representation on 18.10.2010 to the respondent No.1 requesting to grant exemption from the disqualification provided under Section 13-B. Aggrieved by the inaction on the part of the respondent No.1 in considering his representation, the present writ petition is filed. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Municipal Administration appearing for the 1st respondent. The material available on record shows that the petitioner’s representation was received in the office of the 1st respondent on 26.10.2010. It is also relevant to note that as per the third proviso to Section 13-B of the Act the 1st respondent is empowered to direct that the disqualification under Section 13-B shall not apply in respect of a person for reasons to be recorded in writing. Therefore, the 1st respondent is bound to consider the petitioner’s representation in terms of the 3rd proviso to Section 13-B and pass appropriate orders in accordance with law. Accordingly, the Writ Petition is disposed of with a direction to the respondent No.1 and to consider the petitioner’s representation dated 18.10.2010 and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of receipt of this order. No costs. ___________ G. ROHINI, J Date: 13.07.2011 Note: Issue CC in one week (B/o) Ivd