PONNAKANTI CHINA VEERASWAMY Vs. THE REVENUE DIVISIONAL OFFICER, KHAMMAM AND ANOTHER

JUDGEMENT

(1.) The petitioners seek the issuance of a writ of mandamus directing the second respondent to forbear from convening a special meeting for the election of members in pursuance of R.C. No. 3359/61 dated 31-8-1961.

(2.) The facts giving rise to the writ petition are briefly these. The Government of Andhra Pradesh, by a notification dated 27-3-1961 in exercise of the powers conferred by clause (b) of Section 2 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act (XXXV of 1959) (hereinafter referred to as 'the Act') ordered that Khammam and Thirumalayapalem blocks would be subjected to realignment on 1-5-1961, as a result of which sixteen villages which were in the Thirumalayapalem block would be transferred to the Khammam block. The Government issued another notification dated 10-4-1961 ordering cancellation of the previous notification as per Memorandum No. 252/Proceedings 161-3 Planning and Local Administration dated 27th March, 1961 and further ordered that the re-alignment of Khammam and Thirumalayapalem blocks should take place with immediate effect, i.e., with effect from 17-4-1961. Consequent upon this notification, sixteen villages which were in Thirumalayapalem block were transferred to the Khammam block and thus the Thirumalayapalem block was re-delimited. Subsequently by another notification G.O. Ms. No. 643 dated 17-4-1961, the first respondent ordered re-constitution of Thirumalayapalem Panchayat Samithi with effect from 15-5-1961.

(3.) To give effect to this notification, the Revenue Divisional Officer acting under Section 6 of the Act gave notice of a meeting to be held on a particular date for election of members. It is to prevent that officer from convening the meeting that the present petition is filed.