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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Ramesh Ranganathan, J.
Kurapati Bangaraiah - Appellants
Vs.
Government of Andhra Pradesh – Respondent
W.P. Nos. 4205 of 2013 and 7543 of 2014
Decided On : 27.06.2014
Constitution of India, 1950 – Article 243-Q – A.P. Gram Panchayat (declaration of villages) Rules, 2007 – Rules 9 and 12(2) – Andhra Pradesh Panchayat Raj Act, 1994- Sections 2(17), 3(2)(f) and 3(2) – Andhra Pradesh Municipalities Act, 1965 – Section 389-A – Andhra Pradesh Transitional Area and Smaller urban Areas (Fixation of criteria) Rules, 2013 – Institutions of self-government – MGNREGA scheme – resolution – Gram panchayats – Electoral process – seeking to conduct elections for the posts of Chairman, Mandal Parishad, Dubbaka the members of the MPTCs in Dubbaka Mandal, the ZPTC, of Dubbaka and Chairman, Zilla Parishad, Medak District, while leaving out the Dubbaka, Dharmajipet, Latchapet, Chervapur, Dumpalapally, Chellapur and Mallaipally MPTCs from the present electoral process, as arbitrary, illegal and unconstitutional – Member of the Legislative Assembly, Dubbaka, ("M.L.A) requested the Minister for Municipal Administration, vide his letter dated 31.01.2012, to propose creation of a new Municipality at Dubbaka in view of the long pending demand from the public in his constituency. He enclosed thereto, a brief note submitted by the Revenue Divisional Officer, Siddipet for creation of a new Municipality in Dubbaka town and mandal. The Government, vide letter, informed the M.L.A. that the proposal for creation of Dubbaka Municipality would be considered in the next phase, as the pre-election process i.e., identification of B.C. voters in all the urban bodies had already started – Meanwhile the Minister for Municipal Administration and Urban Development, vide U.O. requested the Secretary, Municipal Administration to circulate the file regarding upgradation of Dubaka Gram panchayat as a Nagar Panchayat – Held, All that is required is for any of the parties to bring the fact of disposal of the main Writ Petition to the notice of the Division bench and request it to dismiss the Writ Appeal as in fructuous – Mere pendency of W.A. No. 432 of 2012 would not bar this Court from hearing and adjudicating the main Writ Petition – Neither has any statutory provision, nor any binding precedent, been shown to this Court which would require it to refrain from hearing a Writ Petition finally, merely because the Writ Appeal preferred against the interlocutory order passed earlier in the very same Writ Petition, or for grant of the interim order sought for in the Writ Petition, is pending adjudication before the Division Bench – petitioners cannot be denied relief taking subsequent events into consideration, more so as the impugned G.Os. were issued in flagrant violation of the statutory rules, and the very existence of the gram panchayats were brought an end at the mere whims and fancies of the government. Larger public interest would require this Courts intervention to ensure observance of the rule of law by the executive while denotifying gram panchayats - which are institutions of self-government under Part IX of the Constitution – Impugned G.Os. must be, and are accordingly, set aside – As a result the subject Gram Panchayats, which were denotified by G.O.Ms. No. 33 dated 31.01.2013, shall stand revived – It is made clear that this order shall not preclude the State Government, if it so chooses, from taking action afresh, for constitution of a Nagar Panchayat, strictly in accordance with law. As the subject Gram Panchayats now stand revived, and the Dubbaka Nagar Panchayat ceases to remain in existence, the question of conducting elections to the Dubbaka Nagar Panchayat would not arise. With regards conduct of elections to the posts of M.P.T.C. in Dubbaka Mandal and other offices, I have no reason to doubt that the State Election Commission will take necessary action in accordance with law – Writ Petitions disposed.
Ramesh Ranganathan, J.
1. W.P. No. 4205 of 2013 is filed by 18 individuals questioning the action of the respondents in constituting Dubbaka Nagar Panchayat, with Dubbaka, Dharmajipet, Lachapet, Chervapur, Dumpalapally, Chellapur and Mallaipally Grampanchayat of Medak District, as illegal and unconstitutional. W.P. No. 7543 of 2014 is filed by five individuals questioning the action of the respondents in seeking to conduct elections for the posts of Chairman, Mandal Parishad, Dubbaka the members of the MPTCs in Dubbaka Mandal, the ZPTC, of Dubbaka and Chairman, Zilla Parishad, Medak District, while leaving out the Dubbaka, Dharmajipet, Latchapet, Chervapur, Dumpalapally, Chellapur and Mallaipally MPTCs from the present electoral process, as arbitrary, illegal and unconstitutional.
2. Facts, to the extent relevant, are that the Member of the Legislative Assembly, Dubbaka, ("M.L.A." for short) requested the Minister for Municipal Administration, vide his letter dated 31.01.2012, to propose creation of a new Municipality at Dubbaka in view of the long pending demand from the public in his constituency. He enclosed thereto, a brief note submitted by the Revenue Divisional Officer, Siddipet for creation of a new Municipality in Dubbaka town and mandal. The Government, vide letter dated 11.04.2012, informed the M.L.A. that the proposal for creation of Dubbaka Municipality would be considered in the next phase, as the pre-election process i.e., identification of B.C. voters in all the urban bodies had already started. The MLA again addressed letter dated 03.11.2012 to the District Collector, Medak informing him that a proposal, for creation of Dubaka Municipality, had been submitted to the Government under the Indiramma Bata programme which was held at Dubbaka on 29.10.2012; the Government should consider creation of Dubbaka as a Municipality so that the on going development works, weaker section houses etc., may be taken up; and the subject villages had no objection to merge themselves to constitute Dubbaka Municipality. Along with his letter dated 03.11.2012, the M.L.A. enclosed the alleged agreements of 12 Gram panchayats to merge their villages for creation of Dubbaka as a Municipality. The M.L.A. requested the District Collector to recommend, creation of Dubbaka as a Municipality, to the government at the earliest.
3. In the meanwhile the Minister for Municipal Administration and Urban Development, vide U.O. note dated 01.01.2013, requested the Secretary, Municipal Administration to circulate the file regarding upgradation of Dubaka Gram panchayat as a Nagar panchayat. The Secretary to the Government MA & UD, vide memo dated 08.01.2013, forwarded a copy of the letter of the MLA dated 31.01.2012 to the Commissioner and Director of Municipal Administration, and informed him that the Government had agreed, in principle, to consider constitution of Dubbaka Gram panchayat as a Municipality subject to fulfilment of the parameters required for constitution of a Nagar panchayat/Municipality. The Commissioner was requested to send proposals, duly examining the parameters required for constituting a Nagar Panchayat/Municipality.
4. The Special Secretary to the Government vide memo dated 15.01.2013, while drawing his attention to the letter of the M.L.A. dated 31.01.2012 and the memo of the Secretary dated 08.01.2013, requested the Commissioner and Director of Municipal Administration to expedite the proposal for further action to be taken in the matter. The Commissioner of Municipal Administration, vide letter dated 17.01.2013, informed the District Collector that a representation was submitted by the Dubbaka M.L.A. on 31.01.2012; the Government had agreed, in principle, to consider constitution of Dubbaka Grampanchayat as a Municipality subject to fulfillment of the parameters; proposals for constituting it as a Nagar panchayat/Municipality should be sent; and the particulars, as required under the Andhra Pradesh Transitional Area and S
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