THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23025 OF 2009 March 11, 2010 Between: Chakka Venkataramanamma, W/o.Raghuramaiah ... Petitioner And The District Collector, SPSR Nellore District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23025 of 2009 ORDER: The petitioner was elected as Sarpanch of Kothavangallu Gram Panchayat of Kodavalur Mandal in SPSR Nellore District. The said post is reserved for Backward Class (Woman). The petitioner claimed that she belongs to Gajula Balija caste, which according to her, is recognized as BC. The third respondent herein filed O.P.No.14 of 2006 before the Election Tribunal, Kovur, challenging petitioner’s election on the ground that she does not belong to BC community. While the same is pending, District Collector issued show cause notice dated 16.9.2009 calling upon the petitioner to submit explanation as to why community certificate obtained by her should not be cancelled. She submitted explanation. After considering the same, first respondent issued a letter dated 13.10.2009 to the second respondent to the effect that Gajula Balija cannot be considered as BC and, therefore, necessary action for disqualifying the petitioner should be taken. In response thereto, on 15.10.2009, second respondent issued intimation of disqualification to the effect that petitioner belongs to Gajula Balija, which cannot be considered as BC. Assailing the Collector’s communication as well as notice of intimation issued by second respondent, petitioner invoked the jurisdiction of this Court. Petitioner contends that as per the list of socially and economically backward classes notified by the Government of Andhra Pradesh vide G.O.Ms.No.1793, dated 23.9.1970, Gajula Balija at Serial No.30 in Group D (other Backward Classes). Third respondent filed counter affidavit opposing the very maintainability of writ petition. The counsel appearing for third respondent relied upon a decision rendered by him in N.Tirupataiah v District Panchayat Officer, Nellore[1]. In the said judgment, while holding that any intimation of disqualification given by the District Panchayat Officer can be agitated before the District Court having jurisdiction over the area, and further observed as under. An analysis of above provision would show that (i) any voter or authority may make allegation in writing that a Member or a Sarpanch of Gram Panchayat is not qualified or has become disqualified under Sections 17 to 20 of the Act; (ii) such an allegation in writing has to be made to the executive authority, which according to Section 2(12) means the Panchayat Secretary appointed to each Gram Panchayat: (As amended by AP Act No.22 of 2002 with effect from 20.6.2002); (iii) on receipt of such complaint in writing, the executive authority has to inform the District Panchayat Officer, who in turn will send an intimation to the Member or Sarpanch, who allegedly incurred the disqualification; (iv) on receipt of such intimation, if there is any dispute as to disqualification alleged, the Member or any other Member of the Gram Panchayat, or Panchayat Secretary or the Commissioner, are entitled to apply to the District Court for a decision as to whether a Member or Sarpanch incurred disqualification and (iv) such application to the District Court has to be made within a period of two months from the date on which a period of two months from the date on which such intimation is given or doubt is entertained. In view of the above legal position, the writ petition is misconceived. The petitioner may apply to the District Court for necessary relief. The writ petition is accordingly dismissed. ______________ March 11, 2010 (V.V.S. RAO, J) YS [1] 2005(1) ALD 181