THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12902 of 2010 June 09, 2010 Between: Maakam Anjaiah, S/o.Makam Balakrishnaiah … Petitioner And The State Election Commission, represented by its Secretary, 3rd Floor, Buddha Bhavan, Secunderabad And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12902 of 2010 ORDER: The Sarpanch of Satamrai Gram Panchayat died. So as to elect new Sarpanch, the election process was set in motion by issuing a notification on 29.5.2010. The last date for filing nominations was 02.6.2010 and the same were scrutinized on 03.6.2010. By “information letter” dated 03.6.2010, State Election Officer, third respondent herein, informed the petitioner that his nomination is rejected as the same does not contain candidate’s signature. Aggrieved by the same, present writ petition is filed. The counsel for petitioner raised the submissions as follows. On 03.6.2010, petitioner was not informed about the rejection of nomination till 04.00 pm. As a result of this, petitioner could not file appeal before the Competent Authority under Rule 2(2) of Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (the Rules, for brevity). Secondly the allegation that his client did not sign nomination is not correct and his client has affixed his signature on the nomination paper. Even if some consideration is given to the contentions raised by the petitioner, writ petition would not lie. It is well settled that when once election process is set in motion, all grievances regarding issue of notification, rejection of nominations, conduct of elections, discrepancy in counting etc., are to be agitated before the duly constituted Election Tribunal. To the same effect is Section 233 of Andhra Pradesh Panchayat Raj Act, 1994. Further, even precedent law does not support entertaining of petition. It is now axiomatic by reason of decisions of this Court in A.P. Sarpanchas Association v Government of A.P.[1], G.Kanaka Durga v State Election Commissioner[2] and N.Tirupataiah v District Panchayat Officer, Nellore[3] that if a dispute is raised with regard to improper rejection of nomination to an election, aggrieved person has to wait till completion of election and file an election petition challenging the same. Indeed Rule 12 of the Rules inter alia provides that if nomination is rejected improperly or illegally, it is a ground to set aside the election. In view of the above, giving liberty to the petitioner to file election petition challenging the election that is to be held on 11.6.2010, the writ petition is dismissed in limine. ______________ (V.V.S. RAO, J) June 09, 2010 YS [1] 2001 (4) ALT 309 (FB) [2] 2001 (4) ALT 476 (FB) [3] 2005 (1) ALT 426