IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26633 of 2007 Between: Karanam Venkata Satya Chindamabara Partha Saradhi (Srinu) S/o. Namulu, Martur, Anakapalli, Visakhapatnam District. ..... PETITIONER AND 1 The District Panchayat Officer, Zilla Parishad, Visakhapatnam. 2 The District Collector (Panchayat Raj), Visakhapatnam. 3 The Mandal Parishad Development Officer, Mandal Praja Parishad, Anakapalli, Visakhapatnam District. 4 The Chief Election Commissioner, State Election Commission, 3rd Floor, Budha Bhavan, M.G. Road, Secunderabad - 500 003. .....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 may be pleased to issue a writ or orders or directions particularly in the nature of Writ of Mandamus calling the records pertaining to the complaint lodged by the petitioner and declare the action of the 2nd and 3rd respondents for not taking any initiative action basing upon the report of the 3rd respondent as illegal, arbitrary, contrary to law, violative of Article 14 and 21 of the constitution of India and violative of provisions of the A.P. Panchayat Raj Act, 1994 and consequently directing the 2nd respondent to initiate action against the 1st and 3rd respondents for not taking any action u/s. 22 of the A.P. Panchayat Raj Act, 1994 immediately and further directing the 2nd respondent to complete the enquiry and take action in accordance with law, in the interest of justice. Counsel for the Petitioner:MR.M.V.RAJA RAAM Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26633 of 2007 ORDER: It is the case of the petitioner that he was former Sarpanch of Martur Gram Panchayat village. It is stated that in the elections conducted in the month of August, 2006 in respect of Martur Gram Panchayat village, respondents 5 to 7, who were elected as ward members, have incurred disqualification on the ground that they have third child after cut off date. It is stated that after cut off date, having third issue is one of the disqualifications. Therefore, the petitioner seeks to issue a Writ of Mandamus declaring the action of the official respondents in not initiating any action against the unofficial respondents to disqualify them under Section 22 of the A.P.Panchayat Raj Act, 1994 (for short “the Act”) as illegal and arbitrary. This Court in N.TIRUPATAIAH Vs. DISTRICT PANCHAYAT OFFICER, NELLORE[1] held that any voter or member have a right to move the District Court for a decision on the question of disqualification under Section 22(1) of the Act. Having regard to the facts and circumstances of the case, the writ petition is disposed of giving liberty to the petitioner to approach the District Court to decide the dispute of disqualification of respondents 5 to 7 under Section 22(1) of the Act. There shall be no order as to costs. ___________ 30-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{RLD} [1] 2005 (1) ALD 181