STATE OF A P Vs. K SRINIVAS RAO

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is filed at the instance of State of Andhra Pradesh and District Collector, Krishna district at Machilipatnam, aggrieved against the judgment of the learned Single Judge in W.P. No. 14175 of 2002 dated 13.8.2002, allowing the writ petition filed by the first Respondent herein, under Article 226 of the Constitution of India, wherein inter-alia sought for a mandamus directing the District Collector Krishna district at Machilipatnam not to make any elections to the composite Pulluru Gram Panchayat without passing the orders after examining the issue with reference to the rules in force as on the date of the order dated 22.11.1995 in W.P. No. 10987 of 1995 followed up by the other orders dated 2.1.2002 in W.P. No. 16896 of 2000 and without reference to subsequent rescinding of the rules or the imposition of the ban on bifurcation in G.O. Ms. No. 163 PR and RD dated 8.5.2002 and by declaring the action of the first Respondent in Memo No. 26611/Pts.IV.A1/2002-1 dated 3.6.2002 and the proceedings of the second Respondent District Collector dated 5.7.2002 as arbitrary, illegal, unconstitutional, null and void and set aside the same.

(2.) While allowing the writ petition, the order dated 5.7.2002 was set aside holding that erstwhile Pulluru Grampanchayat stood bifurcated into two, namely, Pulluru and Kothamangapuram Grampanchayats, through the notification dated 12.5.1995 issued by the first Respondent under Section 3 of the A.P. Panchayat Raj Act, 1994 (Act 13 of 1994) (hereinafter referred to as 'the Act') read with the Rules contained in G.O. Ms No. 515 dated 17.8.1994, as they stood then. Further, the learned single Judge with a deep anguish observed as to how the process of elections are being scuttled by taking recourse to Public Interest Litigations pursued in the half hearted manner, as a result the elections to both the Grampanchayats i.e., Pulluru and Kothamangapuram could not be held in 1995 as well as in the year 2001, on account of pendency of various such proceedings. Hence, directed the Respondents in the writ, including the Appellants herein, to take steps to hold elections to said two Grampanchayats viz., Pulluru and Kothamangapuram within three months.

(3.) Heard the learned Additional Advocate General, on behalf of Appellants and Sri. Y.V. Sastry, Sri M.N. Narasimha Reddy, Sri V.V. Prabhakara Rao and Sri R. Radhakrishna Reddy, appearing on behalf of Respondents.