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1992 Supreme(AP) 190

S.C.PRATAP, B.SUBHASHAN REDDY
P. Ramnarayana – Appellant
Versus
Commissioner of Panchayat Raj, Rural Development cum-Election Authority – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS Writ Petition is filed seeking a Writ of Certiorari to quash the proceedings dated 20-2-88 issued by the first respondent in his proceedings wm No. 2420/election-I/88, withholding the elections. The petitioner is a resident of Khanapuram Haveli Gram panchayat of Khammam Urban Mandal of Khammam District. Ordinary elections to the Gram Panchayat were scheduled during the year 1988. But on tke ground that the area covered by the Gram panchayat mentioned supra was to be merged in Khammam Municipality, Gram panchayat elections, be that of Sarpanch or Committee thereof, were withheld under the impugned proceedings issued by the first respondent. It is not in dispute that the merger proposals were quashed by this Court in Writ Petition No. 5025 of 1988. As yet no fresh proposals were initiated as contained under Section 3 (2) of the Andhra Pradesh Gram Panchayat act, 1964. No notification is also placed before us merging the area of the instant gram Panchayat into that of Khammam municipality.

( 2 ) IN the circumstances, absolutely there is no power vested in the respondents to withhold the elections and the democratic process scuttled in this fashion. No


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