THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.25268 of 2009 ORDER: The petitioner was elected as a Sarpanch of Srikurmam Gram Panchayat in the year 2006. Sri Palla Radha Krishna submitted a complaint before the District Collector, Srikakulam, respondent No.1 herein, alleging that the petitioner gave birth to a third child after having been elected and thereby, she incurred disqualification. After conducting a semblance of enquiry, respondent No.1 issued proceedings, dated 13.11.2009, declaring that the petitioner incurred disqualification. He has placed respondent No.4 as in-charge. The said proceedings are challenged in this writ petition. On behalf of respondent Nos.1 to 3, a counter affidavit is filed stating that the prescribed procedure was followed. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj for respondent Nos.1 to 3 and Sri V.Jithender Rao, learned counsel for respondent No.4. Section 19 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’), no doubt, directs that an elected representative of the Gram Panchayat shall incur disqualification, in case he or she gives birth to a third child after the notified date, either while in the Office or before he or she is elected. A detailed mechanism is provided for determining the question of disqualification. Section 22 of the Act prescribes the procedure. Any complaint in this regard must result in intimation of the alleged disqualification by the District Panchayat Officer. It is only when such intimation is given that either the affected candidate or the local body concerned can approach the District Court for adjudication. The Section further directs that pending determination of such question, the incumbent shall continue to hold the office. When such is the mechanism, there is absolutely no basis for respondent No.1 to pass the impugned order. Hence, the writ petition is allowed and the impugned order is set aside. It is directed that the intimation given against the petitioner shall be examined by the District Panchayat Officer and depending on the further steps he may take, the aggrieved parties may avail the remedy under Section 22 of the Act. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt: 05.02.2010. kdl