G RAMADOSS Vs. UNION OF INDIA

JUDGEMENT

(1.) This bunch of writ petitions seeks to quash the notification issued by the Governor of Andhra Pradesh in G.O.Ms.No. 268, Planning and Panchayat Raj (Samithi) Department, dated 21st May, 1969.

(2.) The material facts may briefly be stated : The Scheduled Areas (Part B States) Order, 1950, promulgated by the President of India in exercise of his powers conferred by para. 6 (1) of the Fifth Schedule to the Constitution of India in Central Order No. 26 of 1950 on 27th December, 1950 with effect from 26th January, 1950 had specified the Scheduled Areas situate within the erstwhile State of Hyderabad. Similar notification in respect of Scheduled Areas in Part A States was made. The Andhra Area was part of united Madras at that time. The Scheduled Areas with which we are concerned in these writ petitions are situate in the districts of Khammam and East Godavari.

(3.) The Andhra Pradesh Panchayat Samithis and Zilla Parishads Act (XXXV of 1959) which came into force on 25th September, 1959 was enacted by the State Legislature with a view to safeguard the interests of the Scheduled Tribes residing in Scheduled Areas. The Governor of Andhra Pradesh, by virtue of his powers under para. 5 (1) of the Fifth Schedule to the Constitution of India, issued a public notification in G.O. Ms. No. 587, Panchayat Raj (Samithi-I), dated 30th May, 1964 directing the addition of a proviso to sub-section (1) of section 7 of Act XXXV of 1959 to the effect that the President and Vice-President of every Panchayat Samithi situate in Scheduled Areas shall be elected only from among the members of the Panchayat Samithi belonging to Scheduled Tribes.