1995 Supreme(AP) 163
M.N.RAO, K.S.SHRIVASTAVA
Arka Vasantha Rao – Appellant
Versus
Government Of A. P. – Respondent
( 1 ) SEEKING a declaration byta mandamus that the Andhra Pradesh Pan-chayat Raj Act, 1994 (Act 13 of 1994) (hereinafter referred to as "the Act") is not applicable to the scheduled areas in the State of Andhra Pradesh, as declared by the President of India under the V Schedule to the Constitution of India, and a consequential direction restraining the State of Andhra Pradesh and the State Election Commissioner from holding elections to Mandal Praja Parishads, Mandal Praja Territorial Constituencies and Zilla Parishad Territorial, Constituencies (falling within the scheduled areas), this writ petition was filed by Arka Vasanth Rao, the Vice-President of the Gondwana Sangarsh Samithi and three other tribals. The writ petition is founded on the plea that after the enactment of the Constitution (73 Amendment) Act, 1992 by Parliament in exercise of its constituent power, inserting Part-IX comprising Arts. 243 and 243-A to 243-O, the legislature of the State of Andhra Pradesh has no power to make a law with respect to Panchayats, extending its operation to scheduled areas in view of the specific constitutional injunction incorporated in Art. 243-M. Inter alia, it is averred in the affi
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