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2012 Supreme(AP) 805

PINAKI CHANDRA GHOSE, VILAS V.AFZULPURKAR
Nimmaka Jaya Raj – Appellant
Versus
Government of Andhra Pradesh, Represented by its Principal Secretary, General Administration Department – Respondent


Advocates Appeared:
For the Petitioner:B. Sesibushan Rao, Advocate.
For the Respondents:R1 -G.P. for General Administration Department, R2 & R6 -G.P. for Panchayat Raj, R3 & R4 -B. Sudhakar Reddy, R5 -V.V. Prabhakar Rao, Advocates.

Judgment

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 Constit



















































































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