M. S. LIBERHAN, CJ.

( 1 ) IN public interest litigation, office bearers of the Congress Party, a major opposition party in the Assembly, sought a Writ of Quo-warranto or any other writ, order or direction for removal of the Chief Minister and his other ministers, for having violated the constitutional mandate of Part IX-A of the constitution by not holding elections to Nine Municipalities around hyderabad within the stipulated period. Petitioners are legislators and are concerned for governance of the State in consonance with the constitutional mandate, consequently the writ.

( 2 ) RESPONDENT No. 1 was elected as the leader of the A. P. Legislative Assembly and was appointed as Chief Minister of Andhra Pradesh on 1-9-1995. Elections to the Legislative Assembly and the Parliament were notified on 11-7-1999 and the present writ petition was presented on 12-7-1999. The Chief Minister holds the constitutional office, performs the public duty and is a public servant. Violation of the constitutional mandate and the duty has rendered him to be unfit, disqualified and ineligible to hold the constitutional post.

( 3 ) THE petitioner aver. red that the elections for the Corporation and themunicipalities of Kukatpally, Qutbullapur, Alwal, Malkajgiri, Kapra, Uppal kalan, L. B. Nagar, Rajendra Nagar, Seri Lingampally were not held since 1991, though the term to the Municipal Council and the Municipalities expired in 1991 and 1996 respectively.

( 4 ) THE Executive Officers/special Officers were appointed for discharging the functions of the Municipalities or the Corporation by issuance of Ordinance and Act from 1991 onwards. By Act No. XVIII of 1991 the State has introduced section 70-G to the A. F. Municipal Act to run the Municipality with the Special officer and the tenure of the Special Officer was extended by Act No. XVIII of 1992, Act No. IV of 1993, Act No. X of 1994, Act No. XXV of 1995, Act no. V of 1996 and finally by Act No. XIX of 1997.

( 5 ) BY seventy-fourth amendment to the Constitution, Chapters IX and IX-A were incorporated with effect from 20-4-1993, with an object to obliterate the evil of local bodies becoming weak and ineffective on account of innumerable reasons including of not holding regular elections and their inability to perform effectively as vibrant democratic units.

( 6 ) IT would be expedient to notice the scheme of the Constitution - providing for fundamental rights, Directive Principles of State Policy, Union of India for State Executive and Legislature, the State Executive and Legislature and for local bodies i. e. , the municipalities. Part IX-A provided for constitution of municipalities by the State with exception of Industrial Township. It provides election and nomination of members representing wards in it, with a fixed tenure of five years, subject to its dissolution earlier under the law. Holding of elections beyond 1-6-1994 provided by any laws is invalid. The functioning of the municipality at the time of coming into force of the constitutional provision was saved. The municipality is to function as institution of self-government, in relation to the matters listed in schedule XII or provided by statutes. Nothing was provided for legalizing or rectifying any such default. The most relevant provisions of the Constitution, relied and referred to may be reproduced as under:"art. 243-ZA. Elections to the Municipalities: (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243k. (2) Subject to the provisions of the Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities. . . . . . . . . . . . . . . . . . Art. 243-ZF. Continuance of existing laws and Municppalities: notwithstanding anything in this Part, any provision of any law relati

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