NARRA LINGAYYA Vs. REVENUE DIVISIONAL OFFICER NARSARAOPET
LAWS(APH)-1963-8-31
HIGH COURT OF ANDHRA PRADESH
Decided on August 27,1963

NARRA LINGAYYA Appellant
VERSUS
REVENUE DIVISIONAL OFFICER, NARSARAOPET Respondents

JUDGEMENT

Narasimham, J. - (1.) This is a petition praying for the issue of a Writ of mandamus directing the Revenue Divisional Officer Narsaraopet, to convene a fresh meeting of the members of the Panchayat Samithi, Martur, Guntur District for the election of members to he co-opted as specified in clause (iii) of Section (1) of Section 4 of the Andhra Pradesh Panchayat Samihis and Zilla Parishads Act, 1959 ( Act No. XXXV of 1959), hereinafter to be referred to as the Act,
(2.) The petitioner is a rate payer residing in Gannavaram within the Martur Panchayat Samithi area. The 1st Respondent herein is the Revenue Divisional Officer, Narsaraopet. Respondents 2 to 7 were co-opted as members at an election held by the 1st Respondent on 21-5-1962.
(3.) The circumstances under which the petition has been filed are these: The Government of Andhra Pradesh constituted the Martur Panchayat Board Samithi by a notification under Section 3 (1) of the Act with effect from 1-6-1962. On 21-5-1962 the Revenue Divisional Officer convened a special meeting of the Presidents of all the Pan-chayats in the Martur Block, who were ex-officio members of the Panchayat Samithi for the election of members specified in clause (iii) of Section (1) of Section 4 of the Act as contemplated under Section 6 (l) of the Act. Valid nominations were duly announced at the election that was conducted. At the special meeting no oath of allegiance to the Constitution of India was taken by the ex officio members referred to Six members were co-opted at the election. Immediately after the election of the co-opted members, notices were issued for the election of the President and the Vice President on 30-5-1963 to all the members including the co-opted members. At the meeting held on 30-5-1962, all the members present, 33 in number, took their oaths of allegiance, and the President was elected at that meeting convened by the R. D. O. The petitioner alleges that there was no valid election of the co-opted members, respondents 2 to 7 at the special meeting held on 21-5-1962 as ex officio members that is to say, the Presidents of all the Panchayats in the Martur Block, had not taken the oath;, of allegiance as prescribed under Section 65 of the Act. In his affidavit he avers that there was no election in law on 21-5-1962 and that the interference of this Court is necessary for the issuance of a writ in the nature of a mandamus directing the R. D. O. to convene a special meeting afresh for the election of members to be co-opted under Section 4 (1) (iii) of the Act.;


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