JUDGMENT : (Per BPR,J)

This appeal under Clause 15 of the Letters Patent is filed at the instance of State of Andhra Pradesh and District Collector, Krishna district at Machilipatnam, aggrieved against the judgment of the learned Single Judge in W.P.No. 14175 of 2002 dated 13.8.2002, allowing the writ petition filed by the first respondent herein, under Article 226 of the Constitution of India, wherein inter-alia sought for a mandamus directing the District Collector Krishna district at Machilipatnam not to make any elections to the composite Pulluru Gram Panchayat without passing the orders after examining the issue with reference to the rules in force as on the date of the order dated 22.11.1995 in W.P. No. 10987 of 1995 followed up by the other orders dated 2.1.2002 in W.P. No. 16896 of 2000 and without reference to subsequent rescinding of the rules or the imposition of the ban on bifurcation in G.O.Ms.No. 163 PR and RD dated 8.5.2002 and by declaring the action of the first respondent in Memo No. 26611/Pts.IV.A1/2002-1 dated 3.6.2002 and the proceedings of the second respondent District Collector dated 5.7.2002 as arbitrary, illegal, unconstitutional, null and void and set aside the same.

2. While allowing the writ petition, the order dated 5.7.2002 was set aside holding that erstwhile Pulluru Grampanchayat stood bifurcated into two, namely, Pulluru and Kothamangapuram Grampanchayats, through the notification dated 12.5.1995 issued by the first respondent under Section 3 of the A.P. Panchayat Raj Act, 1994 (Act 13 of 1994) (hereinafter referred to as 'the Act') read with the Rules contained in G.O.Ms No. 515 dated 17.8.1994, as they stood then. Further, the learned single Judge with a deep anguish observed as to how the process of elections are being scuttled by taking recourse to Public Interest Litigations pursued in the half hearted manner, as a result the elections to both the Grampanchayats i.e., Pulluru and Kothamangapuram could not be held in 1995 as well as in the year 2001, on account of pendency of various such proceedings. Hence, directed the respondents in the writ, including the appellants herein, to take steps to hold elections to said two Grampanchayats viz., Pulluru and Kothamangapuram within three months.

3. Heard the learned Additional Advocate General, on behalf of appellants and Sri.Y.V.Sastry, Sri M N Narasimha Reddy, Sri V.V Prabhakara Rao and Sri R.Radhakrishna Reddy, appearing on behalf of respondents.

4. The facts on the back drop, though in brief which necessitate for due consideration of the questions, as they arise, are that under G.O.Ms No. 232 PR & RD (Pts.IV) Department, dated 18.4.1995 the Government in the process of bifurcation and amalgamation of the Grampanchayats in general and acting on certain representations from the public, considered it necessary to extend the time for filing applications for bifurcation and amalgamation after 22.4.1995 and reiterating that any consideration should be made on an application only but not suo-mutu, subject however to the satisfaction of the following criteria; 1) If the distance between the area to be bifurcated is not less than 2 Kms. 2) If the population is 1000 or more 3) The number of Grampanchayats in a Mandal Parishad Territorial Constituency may not exceed three after bifurcation/amalgamation as far as practicable. 4) The income criteria as specified in G.O.Ms NO. 515 PRRD & R (Mdl.I) Department dated 17.8.1994 is deleted.

5. Further, it was clarified that it is not necessary to have a resolution of the Grampanchayat to the proposed bifurcation but it would be enough if an opportunity of a show cause notice, as prescribed is given to the Grampanchayat providing an opportunity to it to set its view on the proposed bifurcations. Accordingly, a show cause notice in file No. 3228/94/PAN.B dated 24.4.1995 was issued by the District Collector to birfucate the Pulluru Grampanchayat separately as Pulluru and Kothamangapuram Grampanchayats. As per the

Click Here to Read the rest of this document