V VENKATARAMA NARSAIAH Vs. DIRECTOR OF CENSUS A P
LAWS(APH)-1992-2-68
HIGH COURT OF ANDHRA PRADESH
Decided on February 27,1992

VALLABHANENI VENKATARAMA NARSAIAH Appellant
VERSUS
DIRECTOR OF BOARD OF TECHNICAL EDUCATION, KANPUR Respondents

JUDGEMENT

B.Subhashan Reddy, J. - (1.)In this writ petition the relief is to issue a writ of Mandamus directing the second respondent to take into acount the correct strength of scheduled castes population and declare the office of Sarpanch, Ammapalem Gram Panchayat as General and not reserved for scheduled castes candidate.
(2.)The complaint in this Writ Petition is that in the voters list of 1980 the populationof scheduled castes was shown as 93 Voters. While in the succeeding year 1981 the figure of scheduled castes population was shown as too high and it would not have gone so high within a span of an year. Stay of the elections was granted by this Court on 26-12-1988 and consequently Elections could not be held to this gram panchayat. Now when the matter came up for hearing today there are changed circumstances in view of the amendment of the A.P. Gram Panchayats Act, 1964 by amending Act 28 of 1991 making a provision under Section 14 thereby the basis for preparation for electoral rolls for Gram Panchayat shall be such part of the electoral roll for the assembly constituency. In view of that, the complaint of the petitioner does not survive any more as the basis for the complaint is wiped out in view of the said Amending Act. In the circumstances, the only direction which can be issued by this Court is to prepare the electoral rolls based on the amended Act (A.P. Act 28 of 1991). I, therefore, direct the second respondent here in to get the electoral rolls of Ammapalem Gram Panchayat prepared on the basis of electoral rolls of that part of the Assembly constituency prepared for the parliament elections conducted during the year 1991 and then give effect to 15% of reservation to the scheduled castes candidates in Dornakal Mandal as contemplated under Second proviso to Section 12(1) of A.P. Gram Panchayat Act, 1964. If upon the preparation of the fresh flectoral roll in accordance with the directions issued above, Ammapalem Gram Panchayat becomes a reserved gram panchayat for scheduled castes it shall be so reserved for scheduled castes candidate or otherwise it shall be treated as General.
(3.)The writ petition is disposed of accordingly. No order as to costs, Advocate's fee Rs.250/-.
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