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1981 Supreme(AP) 292

A.SEETHARAM REDDY, ALLADI KUPPUSWAMI
Repalle Venkata Satyanarayana – Appellant
Versus
State OF A. P. represented by Its Panchayat Raj Department, Secretariat, Hyd. – Respondent


( 1 ) IN this batch of Writ petitions, certain provisions of the Andhra pradesh Gram Panchayats Act, 1964, referred to in this Judgment as the act, relating to the election of a Sarpanch are challenged as ultra-vires and unconstitutional.

( 2 ) IN order to appreciate the contentions raised in the Writ Petitions, it is necessary to set out the relevant provisions of the Act and the amendments that were mede to them from time to time. Section 8 of the act provides for reservation of seats for women and members of scheduled Castes and Scheduled Tribes. We are, in this batch of Writ petitions concerned mainly with reservations of seats in favour of scheduled Castes and Scheduled Tribes. Section 9 (1) (b) as it stood on 31-12-1978 was in the following terms:"9 (1) In every gram panchayat, out of the total strength thereof determined under section 7, the Commissioner ehall subject to such rules as may be prescribed, by notification, reserve- (b) (i) where the combined population at the last census of the Scheduled Castes and the Scheduled Tribes in the village is twenty live, one seat to the Scheduled castes or to the Scheduled tribes, whoever ate greater in number: (ii) where such combi




























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