IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6703 of 2008 Between: Setty Ramasekhara Babu S/o.Sanyasi Babu R/o.Baligahattam Narsipatnam Mandal Visakhapatnam District ..... PETITIONER AND 1 Gavireddy Bennayyanaidu @ Babulu S/o.Appalanaidu R/o.Balighattam Narsipatnam mandal, Visakhapatnam District 2 Lokavarapu Moolinaidu S/o.Chittibabu R/o.Balighattam Narsipatnam mandal, Visakhapatnam District 3 Tamarana Rajubabu S/o. Nookaraju R/o.Balighattam Narsipatnam mandal, Visakhapatnam District 4 D.N.V.Lingeswara RAo,Mandal Engineering officer and Returning officer (Stage- II0 for the election of Gram panchayat, Baligattam, Panchayat RAj Department Rolugunta,Narsipatnam-531116 5 The Mandal Development officer Mandal,Praja Parishad Narsipatnam-531136 6 The RDO., Deputy Election Authority, Narsipatnam 531116 7 The District Collector, Election Authority, Panchayat Raj Department, Visakhapatnam .....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 will be pleased to issue an appropriate writ order or direction more particularly a writ in the nature of mandamus directing the Election Tribunal cum Junior Civil Judge, Narsipatnam to dispose of the EOP.6/2006 filed by the petitioner under section 233 of the AP Panchayatg Raj Act, 1994 challenging the election of the 1st respondent as Sarpanch of Balilghattam, Narsipatnam Mandal, Visakhapatnam District at an early date preferably with in a period of three months from today. Counsel for the Petitioner: MR.M.S.R.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : O R D E R:- This writ petition is filed seeking a direction to the Election Tribunal-cum-Junior Civil Judge, Narsipatnam to dispose of E.O.P.No.6 of 2006 filed by the petitioner under Section 233 of the A.P. Panchayat Raj Act, 1994 (for brevity “the Act”). The petitioner, who was unsuccessful in the elections held on 2.8.2006 for the post of Sarpanch of Gram Panchayat, Balighattam, filed E.O.P.No.6 of 2006 under Section 233 of the Act on the file of Election Tribunal-cum-Junior Civil Judge, Narsipatnam against the 1st respondent, who is a successful candidate in the elections, to declare him as disqualified for a period of six years from contesting for any Panchayat Raj elections as contemplated under Section 19A of the Panchayat Raj Act for his corrupt practices. On 11.7.2007, the petitioner, after serving notices on the respondents, filed an Interlocutory Application under Section 26 read with Order-7, Rule-14(2) C.P.C. before the Election Tribunal to receive certain documents. Now, the grievance of the petitioner is that though he filed the E.O.P. in the month of August 2006, the contesting respondents, with a view to dragging on the matter, have not filed their counter affidavits, and the Election Tribunal has not disposed of the E.O.P. so far. Heard the learned counsel for both the parties and perused the material placed on record. It may not be necessary for this Court to go into the above facts stated either in the affidavit or narrated by the learned counsel for the petitioner. In fact, it is not for this Court to go into these aspects because this Court, sitting under Article 226 of the Constitution of India can only exercise judicial review but cannot decide the said dispute. Further, as it is already stated that E.O.P. is filed and the same is pending before the trial Court and the prayer itself is for early disposal of the E.O.P., this Court deems it appropriate to dispose of this writ petition at the stage of admission with a direction to the Election Tribunal-cum-Junior Civil Judge, Narsipatnam to dispose of the E.O.P.No.6 of 2006, within a period of three months from the date of receipt of a copy of this order. In terms of the above direction, this writ petition is disposed of. No costs. ______________ 28.03.2008 bcj