N. Y. HANUMANTHAPPA, J.

( 1 ) THE point that arises for consideration in this writ petition is, whether a villager can challenge the notification issued under Section 3 (1) or 3 (2) of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994)?

( 2 ) IN obedience to Article 40 of the constitution of India, wherein it is envisaged that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government in the state of Andhra Pradesh, several Acts relating to self-governance of the villages were enacted. Amongst them the latest is the Andhra Pradesh Panchayat Raj Act, 1994 (for short the Act of 1994), which was promulgated by replacing the earlier act i. e. , the Andhra Pradesh Gram panchayats Act, 1964 i. e. , Act 2 of 1964 (for short the Act of 1964)

( 3 ) IN the State of Andhra Pradesh, the panchayat Raj has got a three-tier system. At village level, it is called Grampanchayat; at Mandal level it is called Mandal praja Parishad; and at District level it is called Zilla Praja Parishad.

( 4 ) HERE, we are concerned with Gram panchayat, which was earlier governed by the Act of 1964, replaced by the Act or 1994. The object of passing the Constitution (Seventy-third Amendment) Act, 1992 by the Parliament was with a view to strengthen and revitalise the Panchayat Raj bodies so that they can serve the needs of the teeming millions that live in the rural areas. The seventy-third amendment gave certain broad guidelines in regard to the constitution, composition and powers and functions of a three-tier Panchayat Raj set up, apart from providing for reservation of seats for Scheduled Castes, Scheduled tribes, Backward classes and women, including powers and functions of the members of the Panchayats, Audit and accounts etc. , along with other functions. The object of the Act is to have Gram-panchayat at the village level composed of members elected from the wards carved out on territorial basis and two nominated members, and the Sarpanch will be elected by the members of the Grampanchayat, including nominated members. There will be a Gram Sabha consisting of all electors in the village, which will meet twise an year.

( 5 ) SECTION 3 of the Act of 1994, which deals with declaration of a village for the purpose of the Act, reads as follows :-3. Declaration of a village for the purpose of this Act :- (1) The commissioner may, by notification and in accordance with the rules made by the government in this behalf, declare any revenue village or hamlet thereof or any part of a Mandal to be village for the purpose of this Act and specify the name of the village. Explanation :- For the purposes of this sub-section the expressions mandal and revenue village shall mean respectively any local area which is recognised as a Mandal or village in the revenue accounts of Government after excluding therefrom the area, if any, included in (a) A Municipal corporation governed by the relevant law relating to municipal Corporations for the time being in force in the State; (b) A Municipality governed by the law relating to municipalities for the time being in force in the State; (c) A mining settlement governed by the Andhra Pradesh (Telengana Area.) mining Settlements Act, 1956 (Act xliv of 1956); (d) A cantonment governed by the cantonments Act, 1924 (Central Act 2 of 1924 ). (2) The Commissioner may, by notification and in accordance with such rules as may be prescribed in this behalf (a) Form a new village by separation of local area from any village or by uniting two or more villages or parts of villages or by uniting any local area to a part of any village; (b) Increase the local area of any village; (c) Diminish the local area of any village; (d) Alter the boundaries of any village; (e) Alter the name of any village; (f) Cancel a notification issued under sub-Section (1 ).

( 6 ) TO give effect to Section 3 of the act, by G. O. Ms. N

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