Heard the learned counsel representing the petitioners, learned Government Pleader for Social Welfare and also the learned Assistant Government Pleader for Panchayat Raj.

2. This matter was adjourned to this day, since the learned Assistant Government Pleader for Panchayat Raj requested time to get instructions relating to the position of the gram panchayats in question, till the prior elections.

3. Learned Assistant Government Pleader for Panchayat Raj had stated before this Court that in the prior elections, the general Rules relating to the reservations alone were made applicable and in view of the fact that the District Collector had issued a clarification, which is placed before this Court at present, since these are scheduled areas, all these offices are reserved to the Scheduled Tribe. The proceedings are also placed before this Court.

4. Sri Y.S. Sai Vara Prasad, learned counsel representing the petitioners would submit that the Gram Panchayats in question are not in scheduled area and in fact, in a slightly different context, several persons relating to these areas approached this Court by way of W.P.No.1413 of 1973 with respect of 14 villages, out of 23 villages of the erstwhile Mulugu Taluk, Warangal District, and this Court made a specific order declaring that these villages are not covered by the notification, dated 7-12-1950. The learned counsel also would maintain that this matter was carried even by way of Writ Appeal and the Writ Appeal was also dismissed. The learned counsel would contend that unless the said judgment is varied or set aside or declared to be bad in law by a Larger Bench, as the case may be, the concerned District Collector is not empowered to issue any clarification in this regard, since it would amount to ignoring the judgment made by this Court. Hence, the learned counsel would contend that inasmuch as there is already a judicial verdict and in view of the fact that for the first time the District Collector is issuing the clarification declaring that these villages also fall within the scheduled area, it would be just and proper to further hear the writ petition, after giving liberty to the opposite parties to file their counter-affidavits, and if in the meanwhile the elections to the gram panchayats are further proceeded with, the valuable rights of the petitioners would be affected.

5. On the contrary, the learned Government Pleader for Social Welfare had explained the historical background of this litigation, the notification which had been issued relating to the relevant scheduled area and pointing out certain areas which had fallen into Khammam District and how certain areas are being continued under Mulugu in the Warangal District. The learned counsel also explained that the order made in the writ petition is not clear, and even otherwise in a different context certain observations were made, and the matter was, no doubt, carried by way of Writ Appeal, and the Writ Appeal was dismissed with one line order and in the facts and circumstances, especially in the light of Clause 13 of the notification, the District Collector of the district concerned had arrived at the correct conclusion in giving clarification, since at some point of time the decision may have to be taken in relation to these areas.

6. The learned Government Pleader for Social Welfare also had drawn the attention of this Court to the Presidential Notification, dated 7-12-1950, and would maintain that Madhya Bharath and Hyderabad were part B States. The learned counsel also would maintain that the States Reorganization Act came into force subsequent there to, and when a particular area was declared as scheduled area by the Presidential Order, unless the same is amended, the said area continues to be scheduled area, wherever it is. It is immaterial whether it is Paloncha or Mulugu, the concerned area to be taken into consideration in this context. The learned counsel also further explained in relation to Paloncha taluk as