THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN Writ Petition No.4454 of 2025

ORDER:

Heard Ms.Sureddy Priyanka, learned counsel appearing for Mr.S.Ramana Reddy, learned counsel for the petitioner, Ms.Shazia Parveen, learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent No.2 and Mr.Ananthula Ravinder, learned Government Pleader for Social Welfare appearing for respondents No.3 and 4.

2. The writ petition has been preferred in individual capacity by a Non-Tribal Welfare Society seeking to declare 100% reservation of Gram Panchayat Sarpanch posts in Schedule Area of Telangana as unconstitutional and contrary to the Supreme Court judgment in the case of Chebrolu Leela Prasad Rao v. State of Andhra Pradesh, (2021) 11 SCC 401 3. It is the apprehension of the petitioner that the elections to Gram Panchayat are likely to be held without

re-organisation of the Scheduled Areas specifically in the Districts of Adilabad, Khammam, Warangal and Mahabubnagar. No notification for such election has been issued or brought on record. Petitioner has placed reliance upon a communication, vide letter dated 25.02.2015 addressed by the Commissioner of Tribal Welfare to the District Collector, Khammam, wherein the attention of the District Collector has been invited for submission of a proposal in revised form in English and Hindi for taking necessary action for rationalisation of Scheduled Areas by making Scheduled Areas Co-terminus with the Tribal Sub- Plan Areas as was submitted to the Government of India before bifurcation of the State.

4. Learned counsel for the petitioner has vehemently argued that most of the areas falling in the District have only 20% of Tribal population and as such, 100% reservation with regard to Sarpanch is not proper under the Constitution.

5. Learned counsel for respondent No.2 - State has filed a counter-affidavit. She has relied upon a decision of a Co-

ordinate Bench of this Court rendered in W.A.Nos.743 and 744 of 2014 and an analogous appeal, vide judgment dated 05.07.2023. She submits that similar issue was earlier raised before the learned writ court which refused to entertain such plea. It is submitted that the learned Division Bench of this Court has categorically held that the regulations which have remained for the last 50 years have the force of law as per Article 13 of the Constitution of India and it is for the advantage of the Tribals. The law made prior to adoption of the Constitution is enforceable even after adoption of the Constitution, unless the competent legislature has amended the existing law to cater to the needs of the Tribal Community. It is submitted that the learned Division Bench therefore did not find any fault with the findings of the learned Single Judge in upholding the action of the respondents in treating the Mangapet Mandal of Warangal District as Scheduled Area and in reserving all offices of the Gram Panchayat therein in favour of the Scheduled Tribes. The learned Division Bench also placed reliance upon a decision of the Apex Court in the case of Union of India v. Rakesh Kumar, (2010) 4 SCC 50 She therefore submits that the instant writ petition could not be entertained.

6. Upon consideration of rival submissions of the parties and limited facts which are required to be taken note of, we are of the considered view that there being no notification for holding election to the Gram Panchayat in the aforesaid Districts, the writ petition is not fit to be entertained. Therefore, we do not wish to make any observations as regards the plea on merits raised by the petitioner.

7. The instant Writ Petition is accordingly dismissed.

There shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

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APARESH KUMAR SINGH, CJ ____________________________

G.M.MOHIUDDIN, J Date: 20.08.2025 GJ