Point of law: petitioners are entitled to claim a right under the Constitution to vote and contest in the elections. But, that right must be a right accrued to Petitioner Nos. 2 to 4, as on the date of election notification

ORDER :

M. Satyanarayana Murthy, J.

1. Bharatiya Janata Party, a registered political party, represented by its Authorized Signatory Pathuri Nagabhushanam, Vijayawada Krishna District, State of Andhra Pradesh and three others filed the present writ petition under Article 226 of the Constitution of India to issue Writ of Mandamus declaring the Notification No. 68/SEC-B1/2020 dated 15.03.2020 and the consequential Notification dated 06.05.2020 of the first respondent to the extent of recommencement of election process of Mandal Praja Parishads Territorial Constituencies (MPTCs) and Zilla Praja Parishads Territorial Constituencies (ZPTCs) in State of Andhra Pradesh from the stage where it was stopped, depriving the Petitioners from filing nominations and contesting the elections to MPTCs and ZPTCs as illegal, irregular, arbitrary, unconstitutional unjustified, unsustainable and contrary to the A.P. Panchayat Raj Act and the Rules framed thereunder and set-aside the same directing the Respondents to issue fresh notification duly allowing the commencement of the election process for MPTCs and ZPTCs from the beginning.

2. The first petitioner is the authorized signatory of Bharatiya Janata Party. The second and fourth petitioners are residents of Jammalamadugu Mandal and are Registered Voter Ids bearing Nos. RGS1232735 at 85-Devagudi village and RGS1288034 in 131-Moragudi Village respectively. Similarly, the third Petitioner is a resident of Kolakaluru, Tenali Mandal with a Registered voter Id bearing NoNBT1810662 in Kolakaluru. The Petitioner Nos. 2 to 4 were born in the year 1999 and 2000 aged about 21 years as on the date of filing the writ petition i.e. 31.03.2021. The Petitioners are aspiring to contest in the elections in their respective MPTCs and ZPTCs to work for the betterment of their town on attaining the age of 21 years which is the eligibility criteria to contest in elections for the office of MPTCs and ZPTCs in their respective districts.

3. It is specifically contended that, Article 40 of the Constitution of India, while laying down the directive principles of State Policy in its Part IV expected that the local bodies should be endowed with such powers and authority as may be necessary to enable them to function as units of the self government. Self governance of the local body by the democratically elected body is the avowed object. While Article 243-G expects the same in so far as Panchayats are concerned and Article 243-W relates to the Municipalities. Article 243-G contemplates that the Panchayats shall be endowed with such powers and authority as may be necessary to enable them to function as institutions as self government. Part IX of the Constitution contains the provisions relating to the Panchayats. According to Article 243 K (1), the superintendence direction and control of the preparation of Electoral Rolls and the conduct of all elections to the Panchayats is vested in the State Election Commission. As per Article 243-K read with Section 200 of Andhra Pradesh Panchayat Raj Act, 1994 (Hereinafter referred to as "the Act"), the State Election Commissioner is appointed by the Governor of the State. Part III of the Act, 1994 comprising of sections 148 to 176 deals with the constitution of Mandal Praja Parishads and election of members from territorial constituencies. Section 149 deals with the composition of Mandal Praja Parishads wherein as per clause (i) persons have to be elected from each territorial constituency under Section 151. Section 151 deals with election of members from territorial constituency by the method of secret ballot. Section 155 stipulates that voters having completed the age of 21 years are eligible to contest in the elections. Part IV of the Act, 1994 comprising of Sections 177 to 199 deals with the constitution of Zilla Praja Parishads and election of members from territorial constituencies. Section 177 deals with the composition of Zilla Praja Parishads, as per clause (i) persons have to