THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.23274 of 2008 ORDER: The petitioner was elected as Sarpanch of Kandlapur Gram Panchayat, in the elections held in the year 2006. The third respondent also contested in the election, but was defeated. He filed a representation dated 21.04.2008, before the District Panchayat Officer, Ranga Reddy District, the second respondent herein, alleging that the petitioner had more than two children, and thereby, incurred disqualification under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (for short ‘the Act’). After causing some enquiry, the third respondent issued intimation dated 09.09.2008, to the petitioner stating that he incurred disqualification. The intimation is said to have been given under Section 22 of the Act. The same is challenged in this Writ Petition. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj. Section 22 of the Act prescribes a detailed procedure, in the context of verifying the representations relating to disqualification of elected representatives. The complaint is required to be made to the Executive Authority of the local body and the intimation thereof is to be given to the affected candidates through District Panchayat Officer. In the instant case, it is not clear as to whether the third respondent has submitted the representation to the Executive Officer of the Gram Panchayat, at all. Be that as it may, once any intimation is received by an elected candidate and the disqualification mentioned therein is disputed, proceedings have to be initiated by the candidate, who disputes the disqualification or other aggrieved parties. The Section does not authorize the District Panchayat Officer to pronounced upon the disqualification. On the other hand, the ultimate power is conferred upon the District Court alone. Therefore, the impugned intimation is clearly without jurisdiction. However, the same can be treated as an intimation under Section 22 of the Act and the petitioner can submit reply thereto. Hence, the Writ Petition is allowed and the impugned intimation is set aside. The same, however, shall be treated as an intimation of the allegation as to disqualification contemplated under Section 22 of the Act and it shall be open to the petitioner to submit his explanation within a period of three weeks from today. On receiving the same, the Executive Officer of the Gram Panchayat shall take necessary steps, in accordance with law, and the petitioner shall remain in office, till any proceedings that may be initiated before the Court under Section 22 of the Act, terminate. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.24.02.2009. Note: Furnish C.C. in three days. (B/o) GJ