PASUPULETI CHINNA RAO AND OTHERS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners seek inter alia to quash the elections to the Pithapuram Municipality held on 17th January 1961.

(2.) Pithapuram was recently constituted in to a Municipality and a Special Officer was appointed by the Government to exercise the powers of the Council until the Council was formed and the Chairman was elected. The Special Officer made some proposals in regard to the division of wards and allocation of reserved seats for women and scheduled castes. He proposed that a seat for woman should be reserved in ward No. 5, two seats for the scheduled castes in wards Nos. 9 and 17. While publishing this, the Special Officer called for suggestions and criticisms up to a particular date. After receipt of representations his proposals were placed before a committee consisting of himself, the Revenue Divisional Officer having jurisdiction over this area and the Regional Inspector of Municipal Councils and Local Boards. The Committee made certain alteration in these proposals by reserving a seat for women in word No. 3 and two seats for members of the scheduled castes in ward Nos. 18 and 16. The revised proposals were sent to the Inspector General of Local Administration. The latter authority, on a scrutiny, submitted his report to the Government which accepted the same and gave effect to it in a Government Order published in the Andra Gazette on 8th September 1960. A notification was issued fixing dates for filing nominations and for holding elections. The nominations were filed on 14th 15th and 16th and the elections took place on the 17th January 1961. It may be mentioned here that one of the petitioners took part in the elections and was defeated. This petition is filed by five of the voters and the defeated candidate more than a month after the elections.

(3.) The main argument advanced in this petition is that the elections were vitiated by the violation of Section 43 of the Madras District Municipalities Act which requires the Government to consult the Municipal Council. It is contended that since the Government failed to consult the Municipal Council, the elections based on distribution of wards and allocation of seats should be invalidated.