STATE ELECTION COMMISSION Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Before we decide the principal issue raised in these writ petitions, we briefly narrate the contentions raised in all these writ petitions. WP No.2481 of 2000: This writ petition is filed by the State Election Commission, represented by its Secretary, Buddha Bhawan, Secunderabad. Petitioner has questioned the validity of the Ordinance No.3 of 2000 dated 5-2-2000 issued by the State of Andhra Pradesh and the consequential letter dated 10-2-2000 of the first respondent and seeks to quash the same as being untenable and repugnant to Article 243-E(3) of the Constitution of India and for issuing appropriate orders.

(2.) According to the petitioner, as the term of ofice of the Mandal Parishads and Zilla Parishads in the State of Andhra Pradesh would be expiring on 17-3-2000 and 19-3-2000 respectively, it initiated action for conduct of elections to these bodies by taking appropriate steps, viz., addressing letters to all the District Collectors instructing them to take all such steps for smooth conduct of elections to Mandal Parishads and Zilla Parishads petitioner-Election Commission also issued notification No.738/ SEC-B1/99-20 dated 7-1-2000 notifying the schedule for the revision of electoral rolls of the Gram Panchayats with reference to 1st January, 2000 as the qualifying date. The process of revision, according to the schedule was to commence on 18-1-2000 and to end on 17-2-2000. Thereafter, the petitioner-Election Commission took various steps including convening of meeting of the top level officers of the Panchayat Raj, Municipal Administration, Finance and Police Departments etc., and held meetings with the representatives of the various political parties, ascertained their views as to the holding of the elections. The petitioner-Election Commission has also addressed a D.O. Letter No.919/SEC-B2/ 99-1, dated 28-1-2000 to Sri G.S.R.C.V. Prasada Rao, Secretary to the Government, Panchayat Raj and Rural Department requesting him to finalise and notify the reservations of seats/offices in the Panchayat Raj Department to the members of SCs, STs, BCs and Women and intimate the same on or before 10-2-2000 enabling the Commission to issue the election notification.

(3.) At that stage, the Governor of Andhra Pradesh promulgated the Andhra Pradesh Mandal Parishads and Zilla Parishads (Transitional Arrangements) Ordinance, 2000 (Ordinance 3 of 2000) through which Ordinance, arrangements are made providing for the administration of the Mandal Parishads and Zilla Parishads in the State of Andhra Pradesh till the next ordinary elections to these bodies are held. A copy of the said Ordinance was forwarded by the first respondent to the Secretary to the State Election Commission with a request to place the facts and circumstances before the Election Commission for its consideration, more particularly, the genuine supervening difficulties in holding elections to Mandal "Parishads and Zilla,, Parishads under the existing provisions of law. WP No.2539 of 2000: