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2000 Supreme(AP) 309

Andhra Pradesh High Court
Judges : MOTILAL B.NAIK, T.CH.SURYA RAO
State Election Commission - Appellant
Versus
State OF A.P. - Respondent
Decided On : 04-21-00

Headnote:

Constitution of India - Article 243- Constitutional 73rd Amendment Act, 1992 - A. P. Panchayat Raj Act, 1994 - Section 153 read with Section 154 - Election - Rescheduling - Petition filed by the State election Commission, represented by its secretary - Petitioner has questioned the validity of the ordinance issued by the State and the consequential letter of the first respondent and seeks to quash the same as being untenable and repugnant to Article 243-E (3) of the constitution of India and for issuing appropriate orders - Held, However, we make it clear, if in the meantime, the proposed 87th Constitutional amendment Bill is passed by the parliament, it shall be open to the State election Commission to take notice of such development, examine the implication arising out of such amendment and shall reschedule the election programme, provided if the actual voting has not taken place by that time - Election Commission shall also be entitled to ascertain the views of the Government as well as various political parties, if necessary, for re-scheduling the election programme - Ordered accordingly

MOTILAL B. NAIK, J.

( 1 ) BEFORE we decide the principal issue raised in these writ petitions, we briefly narrate the contentions raised in all these writ petitions. WP No. 2481 of 2000: this writ petition is filed by the State election Commission, represented by its secretary, Buddha Bhawan, Secunderabad. Petitioner has questioned the validity of the ordinance No. 3 of 2000 dated 5-2-2000 issued by the State of Andhra Pradesh and the consequential letter dated 10-2-2000 of the first respondent and seeks to quash the same as being untenable and repugnant to Article 243-E (3) of the constitution of India and for issuing appropriate orders.

( 2 ) ACCORDING to the petitioner, as the term of ofice of the Mandal Parishads and zilla Parishads in the State of Andhra pradesh would be expiring on 17-3-2000 and 19-3-2000 respectively, it initiated action for conduct of elections to these bodies by taking appropriate steps, viz. , addressing letters to all the District Collectors instructing them to take all such steps for smooth conduct of elections to Mandal Parishads and Zilla Parishads petitioner-Election commission also issued notification No. 738/ sec-B1/99-20 dated 7-1-2000 notifying the schedule for the revision of electoral rolls of the Gram Panchayats with reference to 1st January, 2000 as the qualifying date. The process of revision, according to the schedule was to commence on 18-1-2000 and to end on 17-2-2000. Thereafter, the petitioner-Election Commission took various steps including convening of meeting of the top level officers of the Panchayat Raj, municipal Administration, Finance and police Departments etc. , and held meetings with the representatives of the various political parties, ascertained their views as to the holding of the elections. The petitioner-Election Commission has also addressed a D. O. Letter No. 919/sec-B2/ 99-1, dated 28-1-2000 to Sri G. S. R. C. V. Prasada Rao, Secretary to the Government, panchayat Raj and Rural Department requesting him to finalise and notify the reservations of seats/offices in the panchayat Raj Department to the members of SCs, STs, BCs and Women and intimate the same on or before 10-2-2000 enabling the Commission to issue the election notification.

( 3 ) AT that stage, the Governor of andhra Pradesh promulgated the Andhra pradesh Mandal Parishads and Zilla parishads (Transitional Arrangements) ordinance, 2000 (Ordinance 3 of 2000) through which Ordinance, arrangements are made providing for the administration of the Mandal Parishads and Zilla Parishads in the State of Andhra Pradesh till the next ordinary elections to these bodies are held. A copy of the said Ordinance was forwarded by the first respondent to the secretary to the State Election Commission with a request to place the facts and circumstances before the Election commission for its consideration, more particularly, the genuine supervening difficulties in holding elections to Mandal "parishads and Zilla,, Parishads under the existing provisions of law. WP No. 2539 of 2000:

( 4 ) PETITIONER, an Ex-Chairman of cuddapah Zilla Parishad, protesting against the inaction of the Government in not holding the elections to Mandal Parishads and Zilla Parishads though their terms are expiring by 17-3-2000 and 19-3-2000 respectively, has sought a direction to the state Election Commission who is the first respondent in this writ petition, to hold elections to these bodies in time. Inter alia, petitioner has alos alleged that the state of Andhra Pradesh which is the second respondent in this writ petition and the first respondent have colluded in not holding elections to these bodies which, according to the petitioner, is intended to defeat the constitutional mandate as provided under Article 243-E of the Constitution of india. WP No. 2988 of 2000:

( 5 ) PETITIONER who claims to be the director of the Institute of Social Sciences, new Delhi has filed this writ petition as a public interest litigation complaining that the inaction





















































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