APHC010522092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 27130/2024 Between:

Marganiedukondalu and Others ...PETITIONER(S)

AND The State of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. B.SUDHAKAR KUMAR Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:

"….to issue a Writ, Order or Direction, more particularly one like Writ of Mandamus, declaring the action of the respondents not to conducting elections for the vacant for the vacant post of sarpanch of Kadiyapulanka Gram Panchayath, Kadiyam Mandal, East Godavari District as per the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 as illegal, arbitrary and violative of Art.14 and 16 of Constitution of India and consequently direct the Respondents to consider the Representation dated 07.08.2024 to forthwith conduct the elections as per the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and pass such other orders……."

2. The 2^nd respondent-The A.P.State Election Commission has conducted elections to the local bodies in the year 2021. One Smt. Margani Ammani was elected as Sarpanch in the elections conducted in the year 2021 for Kadiyapulanka Gram Panchayat, which is reserved for BC-Woman. The Sarpanch Smt. Margani Ammani died on 21.05.2023 due to ill-health and the said post of Sarpanch was kept vacant since 2023 due to the death of the elected Sarpanch. Thereafter, one Patamsetty Venkata Rama Rao, Upa-Sarpanch was appointed as Sarpanch of Kadiyapulanka Gram Panchayat, by the 3^rd respondent i.e., District Collector, East Godavari District. Now the present Writ Petition is filed aggrieved by the action of the respondents in not conducting elections to Kadiyapulanka Gram Panchayat and seeking a direction to the respondents to conduct the election to the said village.

3. Heard the learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj. Learned Government Pleader for Panchayat Raj requested time to file counter.

4. Learned counsel for the petitioners relies on Sections 14 (4) and 14 (5) of the Andhra Pradesh Panchayat Raj Act, which is extracted below:

"Sub-section (4) : Subject to provisions of sub-section (5), any casual vacancy in the office of the Sarpanch shall be filled within one hundred and twenty days from the date of occurrence of such vacancy, by a fresh election under sub- section (1); and a person elected as Sarpanch in any such vacancy shall hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

Sub-section (5) : Election and term of office of Sarpanch (5) unless the Commissioner otherwise directs, no casual vacancy in the office of the Sarpanch shall be filled within six months before the date on which the ordinary election of the Sarpanch under sub-section (1) is due."

5. Hence, learned counsel for the petitioners would pray this Court to direct the respondents to conduct elections to Kadiyapulanka Gram Panchayat.

6. Under Article 243E of the Constitution of India, which reads thus:

"Article 243E:- Duration of Panchayts, etc:

(1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.

(2) .........

(3) An election to constitute a Panchayat shall be completed–

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its dissolution;

Provided that where the remainder of the period for which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to h