K KISHAN RAO Vs. ELECTION COMMISSIONER ADILABAD
LAWS(APH)-1971-12-21
HIGH COURT OF ANDHRA PRADESH
Decided on December 10,1971

K.KISHAN RAO Appellant
VERSUS
ELECTION COMMISSIONER, ADILABAD Respondents

JUDGEMENT

Vaidya, J. - (1.) In this writ appeal, the question raised is the date on which the rules made under Section 69 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 become applicable. Under sub-section (2) of this section all the rules made under S. 69 (1) shall as soon as may be after they are made, be laid for not less than fourteen days before both Houses of the State Legislature and shall be subject to such modifications, whether by way of repeal or amendment, as the State Legislature may make during the session in which they are so laid. The contention of the learned counsel for the appellant is that, by virtue of the provisions of sub-s. (2) of S. 69, the rules framed under the section do not become applicable immediately on their publication but only after a period of fourteen days elapses after they have been laid before both the Houses of the State Legislature.
(2.) The aforesaid question arises in the following circumstances. On 18/07/1970 the appellant was elected as the president of the Luxettipet Panchayat Samithi. The 2nd respondent before us filed O. P. No. 4 of 1970 on 1/08/1970 before the District Munsif, Luxettipet. According to the rules then in force, election petitions challenging the election of a President or a Vice-President under the Panchayat Samithis and Zilla Parishads Act had to be filed before a Subordinate Judge. In the district of Adilabad, there is no Subordinate Judges Court. The Government issued G. O. Ms. No. 501 dated 2/09/1970 amending the rules in regard to the filing of election petitions and provided that in a district where there is no Subordinate Judges Court, the District Munsif will be the Election Commissioner. It was further provided that an election petition to be presented to a District Munsif in respect of an election result declared prior to 2/09/1970 shall be presented to the District Munsif within fifteen days from that date. The 2nd respondent thereafter filed O. P. No. 5 of 1970 on 16/09/1970 before the District Munsif, Luxettipet. The Rules as framed laid before both the Houses of the State Legislature in the month the March 1971. The appellant filed W. P. No. 5573 of 1970 praying for a writ of prohibition. It was contended that G. O. Ms. No. 501 had not become enforceable on the date on which the 2nd respondent filed the election petition as, by virtue of the provisions of sub-section (2) of S. 69 the same G. O. would come into force only after the rules made are laid before both Houses of the State Legislature and a period of fourteen days elapses from such leaving down. The District Munsif, therefore, had no jurisdiction to entertain the petition.
(3.) Our learned brother, M. Krishna Rao, J., dismissed the writ petition following a Division Bench decisions of this Court in Madhava Rao v. State of Andhra Pradesh, ( (1967) 2 Andh WR 366) wherein the very provisions of Section 69 (2) of the Act were considered and it was held their publication. The learned counsel for the appellant relied upon the decision of the Supreme Court in the Re Kerala Education Bill, 1957. AIR 1958 SC 956, and argued that because of that decision, the rules would come into operation after the laying down period of fourteen days elapses. The learned Judge held that there was no conflict between the decisions of the Division Bench of this Court and the decision of the Supreme Court. In the result, as stated earlier, the writ petition was dismissed. Hence, this writ appeal.;


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