( 1 ) THESE three writ petitions are filed by the petitioners who are Sarpanchs of Gram Panchayats namely Adivivaram Gram Panchayat, pendurthi Gram Panchayat, Purushothapuram gram Panchayat, Pulaganipalem Gram panchayat, Lakshmipuram Gram Panchayath, porlupalem Gram Panchayat, Narava gram Panchayat, Sathiwanipalem Gram panchayat, Gudlavanipalem Gram Panchayat, bakkannapalem Gram Panchayat, yellapuvanipalem Gram Panchayat, paradesipalem Gram Panchayat, Kommadhi gram Panchayat, Madhuravada grampanchayat, China Mushidivada Gram panchayat, Palavalasa Gram Panchayat and devada Gram Panchayat assailing the action of the Government in merging their areas in Visakhapatnam Municipal Corporation for formation of Greater Visakhapatnam municipal Corporation.

( 2 ) THE case of the petitioners as disclosed in the affidavits filed in support of the writ petitions, in brief, is as follows: the petitioners in these writ petitions are directly elected as Sarpanches of pendurthi Gram Panchayat, Purushothapuram gram Panchayat, Pulaganipalem Gram panchayat, Lakshmipuram Gram Panchayat, porlupalem Gram Panchayat, Narava gram Panchayat, Sathiwanipalem Gram panchayat, Gudlavanipalem Gram Panchayat, bakkannapalem Gram Panchayat, yellapuvanipalem Gram Panchayat, paradesipalem Gram Panchayat, Kommadhi gram Panchayat, Madhuravada Gram panchayat, China Mushidivada Gram panchayat, Palavalasa Gram Panchayat and Devada Gram Panchayat respectively in the elections held in the month of august, 2001 and they assumed the office. 32 Gram Panchayats are sought to be merged with Visakhapatnam Municipal corporation (for short VMC) for formation of Greater Visakhapatnam Municipal corporation (for short GVMC ). The tenure of the Sarpanches of the above Gram panchayats is five years and they are entitled to hold office by virtue of the Constitutional command contained in Article 243-E till 15-8-2006. As far as Gajuwaka Municipality is concerned, the term of the elected municipal Councilors was already over by march, 2005 and it is now headed by a special Officer. No election to Gajuwaka municipality has been conducted even after the expiry of the term of the elected body in March, 2005. The Constitution mandates that elections should be held before the term of the elected bodies is expired. The term of the elected bodies of the VMC had also expired by March, 2005 and it is under the control of the Special Officer. Neither gajuwaka Municipality nor the Visakapatnam municipal Corporation is no longer considered to represent the democratic view of the people, since the peoples representatives term of five years for which they are elected had expired by March, 2005. The proposal of the Government for inclusion of 32 Gram panchayats has been opposed by 23 Gram panchayats, which have unanimously resolved opposing merger of their areas in VMC for formation of GVMC and whereas 9 Gram Panchayats, dominated by the ruling party, have favoured the move of the Government. Article 243-E assured the period of five years unless so sooner dissolved under any law for the time being in force. The only power to dissolve the gram Panchayat is contained in Section 250 of the A. P. Panchayat Raj Act, 1994 and the power conferred on the Government to dissolve such Panchayat is only for misconduct i. e. not competent to perform its functions or has failed to exercise its powers and perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act, or any other law for the time being in force. There is no othe^ situation in the A. P. Gram panchayat Act, 1994, where five years term assured in the Constitution by Article 243-E can be reduced. There is no provision for dissolution of Gram Panchayat for the purpose of merging its area with a municipality or a Corporation. There is no provision in A. P. Panchayat Raj Act, 1994 enabling the Government to dissolve the panchayats for merging its area with higher tier like Municipality or Corporation. Section 3 (1)

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