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Andhra Pradesh High Court
Judges : P.CHANDRA REDDY, SANJEEVA ROW NAIDU
Mocherla Venkataraya Sarma - Appellant
Versus
Y.Sivarama Prasad - Respondent
Decided On : 03-09-60
ELECTION - QUO WARRANTO - ELECTION OF CHAIRMAN AND VICE-CHAIRMAN OF ZILLA PARISHAD - ELECTION HELD BEFORE CONSTITUTION OF PARISHAD - VALIDITY - ANDHRA PRADESH PANCHAYAT SAMITHIS AND ZILLA PARISHADS ACT, 1959 (XXXV OF 1959), SECS. 36, 37.
Fact of the Case:
Election of Chairman and Vice-Chairman of Krishna Zilla Parishad was held on 30th November 1959, a day prior to the constitution of the Parishad. A petition was filed seeking to quash the election on the grounds that it was held before the constitution of the Parishad and that the notice issued by the Collector did not satisfy the requirements of Rule 4 of the Andhra Pradesh (Conduct of Election of President and Vice-President of Panchayat Samithis or Chairman of Zilla Parishad) Rules, 1959.
Finding of the Court:
The court held that the election of the Chairman and Vice-Chairman held on 30th November 1959 was not regular as it was held before the constitution of the Parishad. However, the court refused to grant the rule as prayed for, holding that the irregularity in the holding of the election did not amount to usurpation of the office by the Chairman and Vice-Chairman and that there was no substantial injustice or hardship caused to the rate-payers or the Zilla Parishad.
Issues: 1. Whether the election of the Chairman and Vice-Chairman held on 30th November 1959 was valid? 2. Whether the irregularity in the holding of the election amounted to usurpation of the office by the Chairman and Vice-Chairman?
Ratio Decidendi: 1. The court held that the election of the Chairman and Vice-Chairman held on 30th November 1959 was not regular as it was held before the constitution of the Parishad. The court interpreted Section 36 and 37 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959, and held that the election of the Chairman and Vice-Chairman could take place only after the constitution of the Parishad. 2. The court held that the irregularity in the holding of the election did not amount to usurpation of the office by the Chairman and Vice-Chairman. The court relied on the fact that all the formalities were observed before the election took place and that no defect other than the one pointed out had vitiated the conduct of the elections. The court also noted that the persons elected as Chairman and Vice-Chairman were not disqualified to hold the office and that they could be elected again after the constitution of the Parishad.
Final Decision: The petition was dismissed, but without costs.
( 1 ) THE Chairman and the Vice-Chairman of the Krishna Zila Parishad were called upon by an order of this court dated 29/12/1959 made at the instance of a member of Artamur Panchayat within the limits of Bantumilli Panchayat Samithi to show why an information in the nature of quo warranto should not be exhibited against them to show by what authority they were-holding these offices.
( 2 ) THE grounds of application were that the election of the Chairman and the Vice-Chairman was held before the constitution of the zilla Parishad and that the notice issued by the Collector of the District for holding the meeting for their election did not satisfy the requirements of Rule 4 of the Andhra Pradesh (Conduct of Election of President and Vice-President of Panchayat Samithis or Chairman of Zilla Parishad) Rules, 1959.
( 3 ) A few facts material for the purpose of this enquiry need mention. The Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (hereinafter referred to as the Act) was enacted by the State Legislature in 1959 and the assent of the Governor was obtained on the 18/09/1959 and the Act came into force on 2/10/1959, By notification dated 29/10/1959, all the Zilla Parishads in the State of Andhra Pradesh were to be constituted with effect from 1/12/1959, the Krishna Zilla Parishad being one such. In spite of this notification fixing 1st December as the date for the constitution of the Parishads, the election of the Chairman and Vice-Chairman of the Krishna Zilla Parishad was held on 30/11/1959, the composition of the Parishad having been completed by 28/11/1959. Thus, the election of the Chairman and the Vice-Chairman was held a day prior to the constitution of the Parishad. It is this detect that has been mainly responsible for the filing of this information in the nature of quo warranto.
( 4 ) THE first point that calls for decision is whether the election of the Chairman and the Vice-Chairman held on SOth November 1959 was defective by reason of its being opposed to the terms of the Act. For an appraisal of this question, it is necessary to refer to the notification issued by the Government on 29th October, which is in thesa terms:"the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, -- 1959 -- Constitution of Zilla Parishad. (G, O. Ms. No. 1010, Planning and Development (Samithi-1) 27/10/1959.) In exercise of the powers conferred by Subsection (i) of Section 36 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act 1959 (Andhra Pradesh Act XXXV of 1959), the Governor of Andhra Pradesh hereby constitutes with effect from the 1st day of December 1959 a Zilla Parishad for every district in the State of Andhra Pradesh. "
( 5 ) IT is immediately plain that what the notification contemplated was the constitution of the Parishads and not the functioning of the Parishads from 1/12/1959 as contended on behalt of the Government. The constitution and the composition of Zilla Parishnds are provided for in Section 36 of the Act.
( 6 ) WE will pause here to read Section 36 in so far as it is relevant for the present enquiry," (1) The Government may, by notification, constitute a Zilla Parishad for a district with effect from such date as may be specified therein. (2) Every Zilla Parishad shall, by the name of the District for which it is constituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may, by its corprporate name, sue and be sued. (3) Every Zilla Parishad shall consist of the following members, namely:--xxxxxx"
( 7 ) IT is seen that the Parishad is to be constituted with the members enumerated therein. Then follows the election of the Chairman and Vice-Chairman.
( 8 ) THE machinery for this election is set up In Section 37. That section, omitting again the unnecessary portions, runs as follows:-- (1) There shall be a chairman and a vice-chairman for each Zilla Parishad w
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