THE HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.16211 of 2006 Date: 03-08-2006 Between :- Peta Srihari .. Petitioner And The State Election Commission, Hyd and others .. Respondents THE HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.16211 of 2006 ORDER: Heard the counsel. The writ petition is filed praying for a writ of certiorari to call for the records pertaining to the impugned proceedings in Rc.No.2282/2006 dated 22.7.2006 passed by the 3rd respondent and quash the same as illegal, arbitrary and contrary to the Rule 12(2) and 233 of the A.P.Panchayat Raj Election Rules 1994 and consequently direct the respondents to declare the petitioner as elected Sarpanch of Valamedu Gram Panchayat, Vakadu mandal, Nellore district in the interest of justice and pass such other suitable orders. It is stated that in pursuance of the election schedule published by the District Election Authority - the second respondent, the petitioner submitted nomination for the post of Sarpanch of Valamedu Gram Panchayat of Nellore district on 19.7.2006. It is also stated that alongwith the petitioner one Ch.Ramaiah, the 6th respondent, also filed his nomination for the post of Sarpanch. On 20.7.2006 during the scrutiny of nomination one L.Srinivasulu submitted before the Returning Officer Stage-I, that he had not proposed the candidature of respondent No.6 and he had never signed on his nomination papers. Basing on his statement, the 5th respondent rejected his nomination as per Rule 9(v) of A.P.Panchayat Raj Rules 1994 and published the list of the valid nominated candidates on the notice board wherein it was exhibited that the petitioner alone was the only valid nominated candidate for the post of Sarpanch. Accordingly, the 5th respondent issued form-5(2). Aggrieved by the said order, it is stated that respondent No.6 preferred appeal before the third respondent and the third respondent surprisingly without issuing any notice to the petitioner or to the said proposer and without conducting any enquiry, straightaway allowed the said appeal and directed the 5th respondent to receive the nomination of the 6th respondent vide his order in R.C.No.2282/2006 dated 22.7.2006. The said action is being impugned in the present writ petition. The learned counsel had taken this Court through the order which had been impugned in the present writ petition dated 22.7.2006 and the said order reads as hereunder: “ One Sri Chintaginjaola Ramaiah, s/o.Venkataramaiah resident of Valamedu Grama Panchayat, Vakadu mandal has filed an appeal petition in the reference read above before the undersigned on the decision of the Returning Officer, Stage I of Valamedu Grama Panchayat, Vakadu mandal rejecting his/her nomination that he filed for the post of Sarpanch of Valamedu Gram Panchayat of Vakadu Mandal on the reason that at the time of scrutiny the proposer complained that he has not signed on the nomination form and it is forged one. The appeal was taken on file. The appellant contended that at the time of scrutiny some ryots and social elements threatened the proposer and make with draw the proposal and requested to accept his/her nomination. The appellant also appeared before me today and put forth his/her arguments through his/her counsel. The appellant argued the proposer Sri Leburu Srinivasulu has proposed his candidature for the post of Sarpanch of Valamedu Gram Panchayat duly attesting the signature in the nomination form. At the time of Scrutiny the proposer has stated that he has not proposed his candidature of Sri Ch.Ramaiah. Heard the arguments of the appellant and enquired in to the matter. It is revealed that the appellant has filed his nomination for the post of Sarpanch of Velamedu Gram Panchayat. The Returning Officer Stage I of the said Gram Panchayat rejected the nomination of the appellant on the ground that at the time of scrutiny the proposer complained that he has not signed on the nomination form. As per the statement of the candidate, the proposer has signed in the nomination form and the same has been filed before the Returning Officer. The perusal of the nomination form it is noticed that the form has been filled properly. At this stage it cannot be verified whether the signature appended by the proposer is correct or not. Further all the candidates filed nominations ought to be allowed to contest in the elections by giving benefit of doubt to them. In the instant case the appellant has stated that the proposer Sri Leburu Seenaiah signed in his nomination. Hence, the appeal is allowed. The Returning officer Stage I of Valamedu Gram Panchayat of Vakadu Mandal is directed to accept the nomination of Sri Chintaginjala Ramaiah for the post of Sarpanch of Valamedu.” It is no doubt true that the appellate authority is expected to issue notice to the petitioner before passing the order. The main contention of the petitioner is that the said order is in violation of principles of natural justice. The election process already had commenced and due to the order passed by the appellate authority, now instead of petitioner being declared as unanimously elected candidate for the office of Sarpanch, the further election process to be completed, i.e., by virtue of this order, respondent No.6 is permitted to contest the elections. This is the actual grievance of the petitioner. Inasmuch as the process of election is at the intermediary stage and no doubt a gross mistake as such is pointed out, the petitioner is given liberty to raise this ground also as one of the grounds apart from the other grounds, which may be available to the petitioner, in the event of the petitioner being unsuccessful and in case the petitioner chooses to question the same by way of election petition. With the above observation, the writ petition is disposed of. No order as to costs. ___________ 03.8.2006 mdaa