ORDER (Per G.S. Singhvi, C.J.)

Whether in exercise of the power conferred upon it under Article 226 of the Constitution of India, the High Court can, notwithstanding the bar contained in Article 243-0 of the Constitution, entertain challenge to the reservation of the offices of Sarpanchas of Gram Panchayats in Mangapet Mandai, Warangal District in favour of the members of Scheduled Tribe and pass an order which will have the effect of stultifying the process of election, is the question which arises for determination in this petition filed by Shri Eppala China Venkateswarlu and 41 others for quashing order dated 24-6-2006 issued by Deputy District Election Authority and Revenue Divisional Officer, Mulugu, Warangal District (respondent No.4).

2. The petitioners are residents of various villages of Mangapet MandaI. All of them are non-tribals. They are enrolled as voters in the electoral rolls prepared under Section 11 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, the 1994 Act) read with Rules 2 and 5 of the Andhra Pradesh Panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 2000. They have questioned the legality of order dated 24-6-2006 issued by respondent No.4 reserving the offices of Sarpanchas in favourof Scheduled Tribes (Men and Women) by asserting that 18 Gram Panchayats (23 villages) viz., (1) Akinepally Mallaram, (2) Balannagudem, (3) Bauchampet, (4) Cherupally, (5) Domeda, (6) Kamalapur, (7) Kathigudem, (8) Komatipally, (9) Mallur, (10) Narasapur(Boru), (11) Narasimha Sagar, (12) Ranmannakka peta, (13) Chunhupally, (14) Mangapet, (15) Rajupet, (16) Ramachandrunipet, (17) Thimmapetand (18) Wadagudem of Mangapet Mandai do not form part of Scheduled Areas declared by the President of India under sub-para (1) of Para 6 of the V Schedule to the Constitution. In support of their plea, the petitioners have relied on notification dated 21-4-1950 (published in Gazette (Extra-ordinary), Hyderabad Deccan dated 23-4-1950 AD) issued by the Government of Hyderabad under Section 5 of the Hyderabad Land Revenue Act NO.8 of 1317 Fasli, notification dated 7-12-1950 issued by the President of India under sub-para (1) of Para 6 of the V Schedule, order dated 30-11-1973 passed by the Single Bench in Writ Petition NO.1413 of 1973 (Koya Brahmanandam and 137 others v. The Special Deputy Collector (Tribal Welfare), Warangal, order dated 8-7 -197 4 passed by the Division Bench in Writ Appeal No.486 of 1974 (The Special Deputy Collector (Tribal Welfare), Warangal v. Koya Brahmanandam and others) and D.O. letter dated 5-12-2003 written by Director of Tribal Welfare, Government of Andhra Pradesh to District Collector, Warangal. The petitioners have also pleaded that reservation of all the offices of Sarpanchas of Gram Panchayats of 18 villages in favour of Scheduled Tribes is ultra vires to the provisions of Articles 14 and 19 (1)(a) of the Constitution and the 1994 Act.

3. In the counter-affidavit filed by Shri V. Nagi Reddy, Secretary, Tribal Welfare Department, Government of Andhra Pradesh, it has been averred that the 23 villages of Mangapet Mandai have been declared as scheduled villages, as per notification issued by the President of India, which was published in Gazette No.90, dated 7 -12-1950. Shri V. Nagi Reddy has further averred that at the time of issuance of notification dated 7-12-1950, the villages in question were shown in Palancha Taluq of Warangal District, but in the process of reorganization of districts, 204 villages in Palancha Taluq were included in Khammam District and 23 villages, which are subject matter of the writ petition, remained in Warangal District and the same were tagged to Mulugu Taluq. After formation of Mandals, these villages were included in Mangapet Mandai and the same form part of the Scheduled Areas. For the sake of convenience, paragraphs 2, 4 and 5 of the counter-affidavit of Shri V. Nagi Reddy are reproduced below:

"2. In reply to para NO.2 of the affidavit: It is submitted t

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