THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 26997 of 2007 Date:31-01-2008 Between: Tsavatapalli Naga Lakshmi and another .. PETITIONERS AND The Govt. of A.P. rep. by its Commissioner, P.R.Dept. Hyderabad and 7 others .. RESPONDENTS ORDER: The petitioners seek a writ of mandamus declaring the action of the respondents 1 to 6 in not taking appropriate action on their representation dated 03.04.2007 for disqualifying the respondents 7 and 8, as illegal and arbitrary. It is the case of the petitioners that they contested for Ward Members of Ward Nos.8 and 10 of Konteru Gram Panchayat and the respondents 7 and 8 were elected as Ward Members of Ward Nos.8 and 10. It is the case of the petitioners that the respondents 7 and 8 were disqualified for having a third child after the prohibited date and therefore, they have incurred disqualification under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (for short “the Act”). It is further stated that the petitioners have made representation on 03.04.2007 before the 3rd respondent-District Panchayat Officer, Eluru and a copy of the said representation was also filed before the Executive Authority, Konteru Gram Panchayat on 05.04.2007 under Section 22 of the Act. If any such allegation about the disqualification under Section 19 (3) of the Act has been made before the Executive Authority in writing, such Executive Authority has to give intimation of such allegation to such elected member through the District Panchayat Officer. Thereupon, it is for such member to dispute the correctness of the said allegation and the aggrieved party i.e. the voter or the gram panchayat or the member can apply to the District Court to decide the question of the disqualification. The only grievance of the petitioners is that though the allegation has been made about the disqualification of the respondents 7 and 8, the Executive Authority i.e. the 5th respondent has not made any intimation through the District Panchayat Officer as contemplated under Section 22 of the Act. Having regard to the facts of the case, the writ petition is disposed of directing the respondents 3 and 5 to consider and dispose of the said representation dated 03.04.2007 filed by the petitioners in accordance with law, within four weeks from the date of receipt of a copy of this order so as to enable the aggrieved party to approach the District Judge to resolve the dispute of the alleged disqualification. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:31.01.2008 Ccm