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2007 Supreme(AP) 147
Andhra Pradesh High Court
Judges : G.S.SINGHVI, C.V.NAGARJUNA REDDY
Andhra Pradesh Sarpanchas Association Rep. by its Honorary President - Appellant
Versus
Union of India, Ministry of Law, Justice & Legislative Department, Rep. by its Secretary - Respondent
Decided On : 02/08/2007
Case No : Writ Petition No.21358 of 2006
Headnote:
Constitution of India - Articles 171 (3) (a), 243 (b), 243A, 243B and 243G - Self-Government by Virtue - Andhra Pradesh Legislative Council Act, 2005 - Section 4 (b) - Representation of People Act, 1950 - the petitioners is that the Gram Panchayats are local bodies at the grass-root of the rural areas, which have been declared as units of self-government by virtue of Article 243 (d) of the Constitution of India, but while enacting the 2005 Act, Parliament has not included the Gram Panchayats in the Fourth Schedule of the 1950 Act and account, 28,700 Sarpanchas, who represent the people of the villages, will be deprived of the opportunity to participate in the election to the Legislative Council - Petitioners have raised two-fold plea of discrimination. In the first place, they have pleaded that while in the States, Sarpanchas and their counterparts are eligible to vote for the election of the members of the Legislative Council, the 2005 Act excludes the Gram Sabhas from the local authorities’ constituency and, as a result of that, Sarpanchas are not eligible to cast vote for election to the Legislative Council. In the second place, it has been pleaded that till the abolition of the Legislative Council, Gram Panchayats were included in the list of local authorities and the Sarpanchas were eligible to participate in the election to the Legislative Council, and while reviving the Legislative Council by means of the 2005 Act, Parliament has arbitrarily and without any rhyme or reason excluded the Gram Panchayats - Referred to the provisions of Articles 171 (3) (a), 243 (b), 243A, 243B and 243G of Constitution of India and claimed that the expression “local authorities” should be interpreted as inclusive of Gram Panchayats, which work within the framework of Part IX of the Constitution - Petitioners have also referred to Section 27 (2) (a) of the 1950 Act and pleaded that exclusion of the Gram Sabhas from the purview of the local authorities would deprive the members elected from the local authorities’ constituency of their true character as representatives of the people of the rural areas – Held argument on account of non-inclusion of the Gram Panchayats in the Fourth Schedule of the 1950 Act the members of Zilla Parishads and Mandal Praja Parishads who will be registered in the electoral roll for the local authorities’ constituencies will not be true representatives of the people of the villages is also without substance. It is true that Gram Panchayats are units of self-government and fall within the ambit of the expression “local authority”, but it is equally true that the Mandal Parishads and Zilla Parishads, which are also constitutionally recognized as Panchayats at intermediate and district level are “local authorities” and their members are as much representatives of the people of the villages as are the Sarpanchas - Contention that the Sarpanchas were included in the list of electors for the Legislative Council till 1985, and, therefore, their non-inclusion in the list of local authorities specified in Section 4 of the 2005 Act should be declared as arbitrary, it is apposite to mention that the assertion to this effect contained in the affidavit filed on behalf of the petitioners has been specifically controverted who has averred that the Gram Sabhas were included in the list of “local authorities” only up to 1963 - Assertion is amply supported by the entries made in the Fourth Schedule of the 1950 Act, which was amended by Act No.2 of 1963. By that amendment, Panchayat Samities were substituted for Class I and Class II Panchayats - Shows that from 1963, till the abolition of the Legislative Council in 1985, the Gram Panchayats were not in the Fourth Schedule of the 1950 Act and the Sarpanchas were not included in the list of electors prepared in terms of Section 27 (2) of the 1950 Act. Of course, in their capacity as ex-officio members of the Panchayat Samities, some of the Sarpanchas were included in the list of electors - Writ petition is dismissed.
G.S. Singhvi, CJ.
Whether the Sarpanchas of Gram Panchayats are entitled to participate in the election to the Andhra Pradesh Legislative Council (for short, ‘the Legislative Council’) as of right is the moot question which arises for determination in this petition filed for striking down Section 4 (b) of the Andhra Pradesh Legislative Council Act, 2005 (for short, ‘the 2005 Act’) and for issue of a mandamus to the respondents to include the Sarpanchas and Gram Sabhas as electors for the local authorities constituency in the Fourth Schedule to the Representation of People Act, 1950 (for short, ‘the 1950 Act’).
Petitioner No.1 is an association of Sarpanchas of different Gram Panchayats of the State of Andhra Pradesh. Petitioner No.2 is the Sarpanch of Ammenpur Gram Panchayat, Pathancheru Mandal, Medak District. Petitioner No.3 is the former Sarpanch of Gundlapalli Gram Panchayat, Maddipadu Mandal, Prakasam District and also the Advisor of petitioner No.1 association. Petitioner No.4 is also the Advisor of petitioner No.1 association. Petitioner No.5 is the Sarpanch of Kothapeta Gram Panchayat Vetapalem Mandal, Prakasam District and also the General Secretary of the Prakasam District Sarpanchas Association. Petitioner No.6 is the Secretary of the Andhra Pradesh State Panchayat Raj Chamber and petitioner No.7 is the Sarpanch of Badsi Gram Panchayat, Nizamabad Rural Mandal and District and also the Treasurer of petitioner No.1 association. They have jointly filed this petition as a piece of public interest litigation for ensuring that Gram Panchayats are included in the local authorities’ constituency and the Sarpanchas are made eligible for participating in the forthcoming elections to the Legislative Council.
The case set up by the petitioners is that the Gram Panchayats are local bodies at the grass-root of the rural areas, which have been declared as units of self-government by virtue of Article 243 (d) of the Constitution of India, but while enacting the 2005 Act, the Parliament has not included the Gram Panchayats in the Fourth Schedule of the 1950 Act and, on that account, 28,700 Sarpanchas, who represent the people of the villages, will be deprived of the opportunity to participate in the election to the Legislative Council. The petitioners have raised two-fold plea of discrimination. In the first place, they have pleaded that while in the States of Maharashtra, Bihar, Uttar Pradesh, Jammu & Kashmir and Karnataka, the Sarpanchas and their counterparts are eligible to vote for the election of the members of the Legislative Council, the 2005 Act excludes the Gram Sabhas from the local authorities’ constituency and, as a result of that, Sarpanchas are not eligible to cast vote for election to the Legislative Council. In the second place, it has been pleaded that till the abolition of the Legislative Council in 1985, the Gram Panchayats were included in the list of local authorities and the Sarpanchas were eligible to participate in the election to the Legislative Council, and while reviving the Legislative Council by means of the 2005 Act, the Parliament has arbitrarily and without any rhyme or reason excluded the Gram Panchayats. They have referred to the provisions of Articles 171 (3) (a), 243 (b), 243A, 243B and 243G of the Constitution of India and claimed that the expression “local authorities” should be interpreted as inclusive of Gram Panchayats, which work within the framework of Part IX of the Constitution. The petitioners have also referred to Section 27 (2) (a) of the 1950 Act and pleaded that exclusion of the Gram Sabhas from the purview of the local authorities would deprive the members elected from the local authorities’ constituency of their true character as representatives of the people of the rural areas.
In the counter filed on behalf of respondent No.1 – Union of India in the form of the affidavit of Sri R. Sreenivas, Assistant Legislative Counsel, Legislative Department, Ministry of Law and Justi
