THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.4379 of 2009 ORDER: The petitioner was elected as Upa Sarpanch of Lingannapet Gram Panchayat, Gambhiraopet Mandal, Karimnagar District, in the year 2006. The fourth respondent submitted a representation to the Chief Executive Officer of the Gram Panchayat alleging that the petitioner had incurred disqualification on the ground that a fourth child was born to him after 1995. Thereafter, it was transmitted to the District Panchayat Officer, the third respondent herein. Through notice, dated 19.02.2009, the third respondent intimated about the allegation made against the petitioner, as required under Section 22(1) of the A.P. Panchayat Raj Act (for short ‘the Act’). The grievance of the petitioner is that though a mere notice was issued, he is being prevented from functioning as Upa Sarpanch. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj. Section 22 of the Act prescribes a detailed procedure, in the matter of disqualifying an elected person. The intimation, in this regard, is to be issued through the District Panchayat Officer and if any dispute is raised in relation thereto, necessary proceedings have to be initiated before the District Court. Till the District Court renders its judgment, the disqualification cannot be attached to the elected person. Hence, the Writ Petition is disposed of, directing that the petitioner shall not be disqualified, nor shall be prevented from discharging functions of Upa Sarpanch till the matter is adjudicated by a competent Court of law. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:04.03.2009 Note: Furnish C.C. in two days. (B/o) GJ