MOCHERLA VENKATARAYA SARMA Vs. Y SIVARAMA PRASAD

JUDGEMENT

(1.) The Chairman and the Vice-Chairman of the Krishna Zila Parishad were called upon by an order of this court dated 29/12/1959 made at the instance of a member of Artamur Panchayat within the limits of Bantumilli Panchayat Samithi to show why an information in the nature of quo warranto should not be exhibited against them to show by what authority they were-holding these offices.

(2.) The grounds of application were that the election of the Chairman and the Vice-Chairman was held before the constitution of the zilla Parishad and that the notice issued by the Collector of the District for holding the meeting for their election did not satisfy the requirements of Rule 4 of the Andhra Pradesh (Conduct of Election of President and Vice-President of Panchayat Samithis or Chairman of Zilla Parishad) Rules, 1959.

(3.) A few facts material for the purpose of this enquiry need mention. The Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (hereinafter referred to as the Act) was enacted by the State Legislature in 1959 and the assent of the Governor was obtained on the 18/09/1959 and the Act came into force on 2/10/1959, By notification dated 29/10/1959, all the Zilla Parishads in the State of Andhra Pradesh were to be constituted with effect from 1/12/1959, the Krishna Zilla Parishad being one such.In spite of this notification fixing 1st December as the date for the constitution of the Parishads, the election of the Chairman and Vice-Chairman of the Krishna Zilla Parishad was held on 30/11/1959, the composition of the Parishad having been completed by 28/11/1959. Thus, the election of the Chairman and the Vice-Chairman was held a day prior to the constitution of the Parishad. It is this detect that has been mainly responsible for the filing of this information in the nature of quo warranto.