Whether and which gram Panchayats should be denotified, merged and constituted as a Nagar Panchayat are matters in executive realm.

The petitioners herein, eight in number, are aggrieved by the action of the respondents in de-notifying Polampally, Wadiaram, Redypally, Vallur, Rukmapur, Ananthasagar, Ullithimmaipally, Chinnashivnoor, Chittojipally and Karnalpally as gram panchayats vide G.O.Ms. No.304, PR & RD (Pts.IV) Department dated 29.06.2013; and the consequential order in G.O.Ms. No.300 MA & UD (Elec.I) Department dated 29.06.2013 merging these gram panchayats and in constituting them as the Chegunta Nagar Panchayat.

It is the petitioners’ case that there is no justification in forming the Chegunta Nagar panchayat by merging ten villages located far and wide; the merger does not satisfy the criteria stipulated in G.O.Ms. No.16 MA & UD (Elec.I) Department dated 16.01.2013; for constitution of a Nagar Panchayat, the population should be 20,000 and above; it is only to bring the population above 20,000, have the subject 10 villages been merged with Chegunta village - whose population is only 5,000 - to constitute it as a Nagar Panchayat; the other criteria i.e., market potential, economic importance, scope for industrialization are absent; as against the statutory requirement of 25%, the percentage of employment in non-agricultural activities is less than 10%; the impugned G.Os were issued with a malafide intention just three days before the notification, for the panchayat elections, was issued by the State Election Commission; the local ruling party representative, knowing fully well that the villagers were going to vote against their party sponsored candidates, had worked out a strategy to prevent elections to the subject gram panchayat; in all these villages, 95% of employment is in agricultural activity, and 50% of the population is dependent on the Mahatma Gandhi National Rural Employment Guarantee programme (“MGNREGP” for short) for their sustenance; the object of the 73rd Constitutional Amendment, which is to protect the gram panchayat and develop them into self sustainable units, is being subverted; the villagers would be subjected to higher taxes if these villages are merged with Chegunta Nagar Panchayat; in the absence of proper means of communication, it would be difficult for the villagers to travel to Chegunta; the Special Officers of the subject Gram panchayats, who are government servants, appear to have sent the resolution since there is no elected body; such a resolution cannot be considered as the will of the people; and the action of the officers, in sending such proposals, is arbitrary and illegal.

In the counter-affidavit filed on behalf of the 1st respondent, it is stated that the Mandal Parishad Development Officer, Chegunta had, vide proceedings 18.05.2013, submitted proposals for upgradation of Chegunta Gram Panchayat, along with the 10 surrounding Gram Panchayats, into a Nagar Panchayat; he had informed that merging Chegunta with these ten gram panchayats would satisfy the norms of population, distance, revenue and percentage of employment in non-agricultural activities; he had submitted resolutions, which the Gram Panchayats had passed in the Gram Sabhas and in the Gram Panchayat meetings, expressing their willingness to merge their Gram Panchayats for formation of a Nagar Panchayat; he had also enclosed a “distance certificate” certified by the Assistant Engineer; the Government, vide memo dated 17.05.2013, had called for a detailed report on the representation of the local MLA of Chegunta; proposals were submitted by the DPO, in his letter dated 18.05.2013, to the District Collector; the District Collector, in turn, submitted his report to the Government on 20.05.2013; the criteria, for constitution of Chegunta Nagar Panchayat, is fully satisfied; the requirements of market potential, income importance, and scope for industrialization are fulfilled; more than 25 industries are functioning, to their full potential, in various sectors such as paper mills, railway infrastructure companies, steel industries, mineral ore