Point of Law: Section 9 (2) of the Act mandates the Commission to publish its proposals for the delimitation of the constituencies in the manner provided thereunder and delimitation of parliamentary constituencies and assembly constituencies, as the case may be, shall be only after consideration of all the objections and suggestions which may have been received by the Commission before the specified date for which purposes the Commission may hold one or more public sittings at such place or places in each State as it thinks fit.

ORDER:

1. This writ petition under Article 226 of the Constitution of India is filed, aggrieved by the action of the respondents in issuing the notification under Section 3(2)(f) of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) canceling the notification in which the Chintalapudi and other five villages are declared as Gram panchayats/Villages with immediate effect in order to enable their merger into the limits of Ponnur Municipality in Guntur District by the fourth respondent vide G.O.Ms.No.259 Panchayat Raj and Rural Development (E&R) Department dated 28.01.2020 and the consequential notification issued by the first respondent vide G.O.Ms.No.81 Municipal Administration & Urban Development (G) Department dated 28.01.2020 in exercise of the powers conferred by Section 3(1)(A) of the Andhra Pradesh Municipalities (inclusion or exclusion of areas into/from the jurisdiction of the Municipalities/Nagar Panchayats) Rules 2015 issued in G.O.Ms.No.114 MA & UD dated 05.05.2015, the Government of Andhra Pradesh altered the limits of Ponnur Municipality by including 6 villages including Chintalapudi Village of Guntur with immediate effect, since all those orders are contrary to law and in violation of Articles 14 and 243 of the Constitution of India.

2. The petitioners are residents of Chintalapudi Vilage, Ponnur Mandal, Guntur District with agricultural background. The 7th cum 8th respondents conducted Gram Sabha on 03.09.2019 in the office of the 7th respondent to collect the views of the members of the Gram Sabha with regard to the merger of Gram Panchayat into Ponnur Municipality. In the Gram Sabha, it was decided unanimously refusing to merger of Gram Panchayat into Ponnur Municipality. In the Gram Sabha, it was decided unanimously refusing merger of the Gram Panchayat into Ponnur Municipality.

3. In the Resolution dated 03.09.2019, it was stated that, since the Chintalapudi Gram Panchayat is within 2 kms and there is possibility of development, resolution was passed accepting the merger of Chintalapudi Gram Panchayat into Ponnur Municipality. Even though there is no such resolution, passed in fact, the 8th respondent contrary to the facts and rules sent the above resolution with a malafide intention.

4. It is contended that the 7th and 8th respondent have no power or competence to conduct Gram Sabha as per law the laid down by this Court and on this ground also, the Gram Sabha held by the 7th and 8th respondent and the report sent to the authorities is illegal, arbitrary and without jurisdiction.

5. Based on such illegal jurisdiction exercised by the seventh respondent, further process, on illegal recommendation was started, the process of merger was completed on top priority and the fourth respondent issued a notification as per the provisions of Andhra Pradesh Panchayat Raj Act vide G.O.Ms.No.259 Panchayat Raj and Rural Development (E&R) Department dated 28.01.2020, de-notifying Chintalapudi Gram Panchayat and five other Gram Panchayats with immediate effect, in order to enable their merger into the limits of Ponnur Municipality in Guntur District. It is pertinent to note that within no time, even without notifying the cancellation order in official gazette, the first respondent with over enthusiasm to exhibit his ability to higher authorities, issued G.O.Ms.No.81 Municipal Administration & Urban Development (G) Department dated 28.01.2020, issuing notification, under the Andhra Pradesh Municipalities Act, altering the limits of Ponnur Municipality by including six Gram Panchayats, including Chintalapudi Gram Panchayat.

6. On the same day, the second respondent vide Proceedings Roc.No.3232265/2019D-1 dated 28.01.2020 issued notification declaring the number to be elected as members to the Ponnur Municipality as 36 after merger of 6 Gram Panchayats. Later, the 9th respondent vide Roc.No.1/2019-D dated 31.01.020 directed the 2nd respondent to prepare the ward wise electoral rolls as per the schedule given by the State Ele