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Andhra Pradesh High Court
Judges : D.REDDAPPA REDDY, M.N.RAO
T.Devender - Appellant
Versus
State OF A.P., represented by the Secretary to Government, Panchayat Raj and Rural Development Department, Hyderabad - Respondent
Decided On : 08-19-92
CONSTITUTIONAL LAW - LOCAL GOVERNMENT - ANDHRA PRADESH MANDALA PRAJA PARISHADS, ZILLA PRAJA PARISHADS AND ZILLA ABHIVRUDHI SAMEEKSHA MANDALS ACT, 1986 (MPP AND ZPP ACT) - AMENDMENT ACT 5 OF 1991 - CONSTITUTIONALITY - SUB-SECTIONS (I) AND (II) OF SECTIONS 3 AND 6 OF ACT 5 OF 1991 - CHALLENGED - WHETHER ARBITRARY AND IRRATIONAL - WHETHER VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION - HELD, YES.
Fact of the Case:
The petitioners, who were either Chairmen of Zilla Praja Parishads or Presidents of Mandala Praja Parishads, challenged the legality of (1) G.O. Ms. No. 164, Panchayati Raj and Rural Development Department (Mandals-I) dated 8-3-90 by which a rule was made under sub-section (1) of Section 92 and sub-section (6) of Section 28 of the Mandala Praja Parishads, Zilla Praja Parishads and Zilla Abhivrudhi Sameeksha Mandals Act, 1986 (MPP and ZPP Act for short) and (2) G.O. Ms. No. 303, General Administration (Services-A) Department dt. 17-4-90, by which, the District Selection Committee for recruitment to the posts both in government Departments and Panchayat Raj Bodies in the district was reconstituted with the District Collector as Chairman, the Joint Collector and the District Development Officer as members. During the pendency of these writ petitions, Act No. 5 of 1991 was enacted by the State Legislature by which, inter alia, the administrative control of the President of the Mandala Praja Parishad over the Mandal Development Officer and the administrative control of the Chairman of the Zilla Praja Parishad over the District Development Officer, which was hitherto extended "for the purposes of the Act" was restricted to "for the purposes of the implementation of the resolutions" passed by the local authority or any standing committee thereof. The Amendment Act also enjoins that no meeting of the Zilla Praja Parishad or Mandala Praja Parishad shall be convened on a public holiday and during the period in which the Legislative Assembly or either House of Parliament is in session. These provisions contained in Sections 3 (i), (ii) and 6 (i), (ii) of Act 5/91 have been challenged by the petitioners with the leave of the Court by filing appropriate miscellaneous petitions.
Finding of the Court:
The Court held that the impugned provisions were arbitrary and irrational and, therefore, violative of Article 14 of the Constitution. The Court further held that the impugned provisions were not rationally related to the object sought to be achieved and, therefore, failed on that ground as well.
Issues: 1. Whether sub-sections (i) and (ii) of Sections 3 and 6 of Act 5 of 1991 are arbitrary and irrational? 2. Whether sub-sections (i) and (ii) of Sections 3 and 6 of Act 5 of 1991 are violative of Article 14 of the Constitution?
Ratio Decidendi: 1. The Court held that the impugned provisions were arbitrary and irrational because they took away the effective power of the elected heads of the local bodies, with the result, the local bodies will not be in a position to exercise their powers and discharge the functions ordained by the statute. The Court further held that the impugned provisions were not rationally related to the object sought to be achieved and, therefore, failed on that ground as well. 2. The Court held that the impugned provisions were violative of Article 14 of the Constitution because they were arbitrary and irrational.
Final Decision: The Court declared sub-section (i) of section 3 and sub-section (i) of Section 6 of A.P. Act 5 of 1991 unconstitutional and accordingly they were struck down.
( 1 ) THIS judgment will dispose of all the six writ petitions since they raise common questions for decision. When the writ petitions were filed, the petitioners were either Chairmen of Zilla Praja Parishads or Presidents of mandala Praja Parishads. Except the Chairman of the Rangareddy Zilla parishad, the term of office of the other petitioners has expired. The challenge in the writ petitions, was originally confined to the legality of (l) G. O. Ms. No. l64, panchayati Raj and Rural Development Department (Mandals-I) dated 8-3-90 by which a rule was made under sub-section (1) of Section 92 and sub-section (6) of Section 28 of the Mandala Praja Parishads, Zilla Praja Parishads and Zilla abhivrudhi Sameeksha Mandals Act, 1986 (MPP and ZPP Act for short) and (2) g. O. Ms. No. 303, General Administration (Serviccs-A) Department dt. 17-4-90, by which, the District Selection Committee for recruitment to the posts both in government Departments and Panchayat Raj Bodies in the district was reconstituted with the District Collector as Chairman, the Toint Collector and the District Development Officer as members. During the pendency of these writ petitions, Act No. 5 of 1991 was enacted by the State Legislature by which, inter alia, the administrative control of the President of the Mandala Praja parishad over the Mandal Development Officer and the administrative control of the Chairman of the Zilla Praja Parishad over the District Development officer, which was hitherto extended "for the purposes of the Act" was restricted to "for the purposes of the implementation of the resolutions" passed by the local authority or any stand ing committee thereof. The Amendment Act also enjoins that no meeting of the Zilla Praja Parishad or Mandala Praja parishad shall be convened on a public holiday and during the period in which the legislative Assembly or either House of Parliament is in session. These provisions contained in Sections 3 (i), (ii) and 6 (i), (ii) of Act 5/91 have been challenged by the petitioners with the leave of the Court by filing appropriate miscellaneous petitions. Besides questioning Section 3 of Act 5/91, the petitioners in W. P. No. 11099/90, Presidents of thirty Mandala Praja Parishads, have questioned the legality of G. O. Ms. No. 43, Panchayat Rajand Rural Development, dated 23-1-1990 and Memorandum No. 71912/mdl,. II/90/l, dated 11-6-91 by which powers of appointment and transfer of employees-teachers, ministerial staff and other executive staff-were conferred on the Mandal Development officers. The changes effected by issuing appropriate amendments to the statutory rules by G. O. Ms. No. 428 dated 9-8-91 have also been challenged.
( 2 ) THERE is a three-tier system of local self-government in the rural areas of the State of Andhra Pradesh. At the village level the local self-government unit is Gram Panchayat; the A. P. Gram Panchayats Act, 1964 regulates the constitution of Gram Panchayats, their powers, functions and other related matters. Act no. 31/86 was enacted by the Andhra Pradesh State Legislature to provide for constitution of Mandala Praja Parishads and Zilla Praja Parishads and Zilla abhivrudhi Sameeksha Mandals. A group of villages constitute a Mandal. Section 4 of the Act deals with the composition of Mandala Praja Parishad; every mandal has ex-officio as well as elected members. All the Sarpanches of the gram Panchayats comprising the Mandal area, the local M. L. A. , a Member of the Lok Sabha whose constituency encompasses the Mandal and a Rajya Sabha member nominated by Government are also members of the Mandala Praja parishad. The President of the Mandal is directly elected for a specified time by the registered voters in the entire area comprising the Mandal. Every Mandal has a Vice-President elected by the Members from among themselves. Sections 22 to 25 deal with the powers and functions of the Mandala Praja Parishad. Section 26 enumerates the powers and functions of the President a
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