Decided on September 05,1963



Satyanarayana Raju, J. - (1.) This is a petition under Article 226 of the Constitution of India, praying for an order direction or writ, particularly in the nature of a writ of mandamus, restraining respondents i and 2 from holding elections to the Panchayat Samithi of Gudluru, pursuant to the orders made in G.O. Ms. No. 766, Planningjand Panchayat Raj, dated 26th June, 1963, and Government Memorandum, dated 27th June, 1963, and restraining respondents 3 to 6 from taking part in the elections of the Samithi.
(2.) By reason of his being the President of Chimidapadu village panchayat, the petitioner is an ex-qfficio member of Gudluru Panchayat Samithi, in the Kandukur Taluk of Nellore district. The first respondent is the State of Andhra Pradesh, represented by the Secretary, Planning and Local Administration Department. The 2nd respondent is the Revenue Divisional Officer, Kandukur. Respondents 3, 4 and 5 are members of the Andhra Pradesh Legislative Council, while the 6th respondent is a member of the Andhra Pradesh Legislative Assembly. For a proper understanding of the matters in controversy and the points raised for decision, it is necessary to state the material facts.
(3.) The Andhra Pradesh Panchayat Samithis and Zilla Parishads Act was enacted in the year 1959, as recited in its Preamble, to provide for the constitution of Panchayat Samithis and Zilla Parishads and other matters incidental thereto. Since then, substantial modifications have been effected in the original Act by a series of amendments. Under the provisions of the Act, a Panchayat Samithi shall consist of all the Presidents of the Village Panchayats within the block as ex-officio members, with the addition of five more members co-opted by the members of the Panchayat Samithi and one member nominated by the District Collector for every area in the block, not comprised within the jurisdiction of a Panchayat or town committee. The Gudluru Panchayat Samithi was constituted for the first time on 1st April, 1963 ; it was a non-Samithi Block area prior to that date. Thirty-seven Panchayat Presidents in the area have become members of the Samithi by virtue of clause (i) of sub-section (1) of section 4 of the Act. The Revenue Divisional Officer, Kandukuru, originally convened a special meeting of the Panchayat Samithi to be held on 2Oth April, 1963, for the purpose of electing the members specified in clause (iii) of sub-section (1) of section 4 of the Act. On a petition received from Sri N. Chenchurama Naidu, a member of the Legislative Assembly, complaining that he had no notice of the meeting, the Government stayed the elections.;

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