1. In these petitions, the challenge is to certain provisions of the Andhra Pradesh Panchayat Raj Act, 1994, relating to appointment of special officers to Panchayats and reservation to the offices of Mandal Praja Parishads and Zilla Praja Parishads. However, in PIL Nos.149 and 150 of 2012, the petitioner has challenged the definition of “Backward Classes” under the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Municipal Corporations Act, 1994. Hence, all these petitions are clubbed together and are being disposed of by this common order.

Writ Petition No.31639 of 2011

2. In this writ petition filed as public interest litigation, the petitioner prays for a writ of mandamus declaring sub-sections (3) and (4) of Section 143 of the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter referred to as ‘the Act’) as illegal and unconstitutional for being in violation of the Constitution (Seventy-third Amendment) Act, 1992 with particular reference to Articles 243E and 243K of the Constitution of India, and for a direction to the respondents to conduct elections to the Gram Panchayats.

3. It is the case of the petitioner that according to Article 243E of the Constitution of India, elections have to be held for Panchayats and Municipalities within six months of dissolution and they cannot remain superseded for long.

4. The Government of Andhra Pradesh, by an amendment, inserted sub-sections (3) and (4) to Section 143 of the Act. Sub-sections (3) and (4) of Section 143 reads as follows:

“(3) The Government, or as the case may be, an officer authorized by the Government, shall appoint a special officer or a person-in-charge or a committee of persons-in-charge to a gram panchayat, if for any reason, the process of election to such gram panchayat is not completed.

(4) The special officer or person-in-charge or the Committee of persons-in-charge, appointed under sub-section (3) shall exercise the powers and perform the functions of the Gram Panchayat and its Sarpanch and executive authority until the members and Sarpanch elected thereof assume office.”

The above provisions provide for appointment of a Special Officer or person-in-charge or a committee of persons-in-charge to a gram panchayat, if for any reason, the process of election is not completed. The Special Officer or person-in-charge shall perform the functions of the Gram Panchayat and its Sarpanch and executive authority until the members and Sarpanch elected assume office.

5. The petitioner avers that elections to the Panchayats, Mandal Parishal Territorial Constituencies and Zilla Parishad Territorial Constituencies were last held in 2006 and their term expired in August, 2011 by efflux of time, and according to Article 243E, an election to constitute a panchayat shall be completed before expiry of its duration.

6. The Government of Andhra Pradesh amended the Andhra Pradesh Panchayat Raj (Reservation of Seats and Offices of Gram Panchayats, Mandal Paraishads and Zilla Parishads) Rules, 2006 (for short ‘the Reservation Rules’) and enhanced the reservation of seats in Panchayats for Scheduled Castes, Scheduled Tribes and Backward Classes and the same is under challenge before this Court.

7. By another order i.e. G.O.Ms.No.269, Panchayat Raj & Rural Development (Elecs. & Rules) Department, dated 22.8.2011, the Government authorized the District Collectors to appoint Special Officers for Gram Panchayats till the date of assumption of office of the members and Sarpanchas of Gram Panchayats.

8. The petitioner has relied upon a decision of the Supreme Court in Kishansing Tomar v. Municipal Corpn., Ahmedabad ((2006) 8 SCC 352) and submitted that the power of the Government under Section 143(3) and (4) of the Act to appoint Special Officers is unconstitutional as it violates Article 243E of the Constitution of India. It is further submitted that the Government has no legal right to continue the Special Officers without conducting elections to the panchayats even a