THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.2728 OF 2008 DATED: 12-02-2008 BETWEEN K. Narasaiah, S/o. Sivaiah, Occ: Agriculture/Sarpanch, R/o. Pancholanadikuda Village, Velpur Mandal, Nizamabad District. …PETITIONER AND The Collector (Panchayat Raj Wing) Nizamabad District and others. …RESPONDENTS ORDER: Petitioner – elected Sarpanch of Pancholanadukuda Village, Velpur Mandal, Nizamabad District, questions the order passed by the District Panchayat Officer, Nizamabad vide proceedings No.350/07-B2 (PR) dated 30.01.2008 in disqualifying the petitioner to hold the post of Sarpanch on the ground that he has got three children as on the date of election, therefore, he incurred disqualification under Section 19(3) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’) and further directed to handover the charge to Upasarpanch. 2. Section 19(3) of the Act deals with disqualification of a person having more than two children for election or for continuing as a member or Sarpanch of the Gram Panchayat after the prohibited date. As per Section 19(3) of the Act, within one year from the date of commencement of the Act i.e. 30.05.1994 no person shall have third child and if any person has a third child within one year from the said date, he incurs disqualification, as such the last date to have a third child is 30.05.1995. If a person has got a third child, the authority to decide the question of disqualification is the District Judge, on an application made by the aggrieved party under Section 22 of the Act. The District Panchayat Officer is not the competent authority to decide the question of disqualification but he is only competent to intimate about incurring of disqualification so as to enable the aggrieved party to approach the District Court by way of an application to decide the question of disqualification. Therefore, the impugned order passed by the District Panchayat Officer disqualifying the petitioner is illegal and unsustainable. The writ petition is accordingly allowed setting aside the impugned order and it is kept open to any aggrieved party to apply to the District Judge to decide the dispute of disqualification. Till the District Judge, on any such application, decides the dispute, the petitioner is entitled to continue as Sarpanch. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 12, 2008 Note: Furnish C.C. of the order by 14.02.2008. (B/o) DSK