Andhra Pradesh High Court · 2004

Heard both sides. Petitioner has not denied the fact of her disqualification under Section 19(3) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short “the Act”) for having more than two children, and in fact, it is positively asserted in para 3 of the affidavit filed in support of the petition that she was advised to make a representation to the Government seeking exemption of disqualification. A Division Bench of this Court in Chava Rosaiah v. Chintala Venkateswarlu and another held that Collector cannot disqualify a person and he can only refer the matter to the District Court under Section 22 of the Act for deciding the said issue. This Court is not inclined to exercise discretion in favour of the petitioner, when admittedly she has no right to continue in Office for her having three children and the Government has also no power to grant exemption in favour of the petitioner as the petitioner incurred disqualification under the Act. Under the above circumstances, petitioner is at liberty to raise a dispute before the District Court, having jurisdiction, under Section 22 of the Act, against the impugned order of disqualification. The writ petition is accordingly disposed of. ______________ 20-07-2004 Note: Furnish C.C. in two days B/o To 1 The District Collector (Panchayat Raj), Kurnool. 2 The Divisional Panchayat Officer, Nandyal, Kurnool District. 3 The Panchayat Secretary, Palukur Gram Panchayat, Banaganapalle Mandal, Kurnool District. 4 Two C.Cs to the Government Pleader for Panchayat Raj, High Court Buildings, A.P., Hyderabad (OUT) 5 Two C.D copies.