AGANA DALIBONDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In 1964 Mandasa Panchayat Samithi in Srikakulam District was constituted comprising the entire Sompeta taluk and consisting of nine firkas. The total number of Panchayats in that Samithi was 90 with an aggregate population of about 140,000 and an area of 212 square miles. Another Samithi in Srikakulam District was Ichhapuram Panchayat Samithi consisting of 42 Panchayats with an aggregate population of about 80,000 and of an area of about 87 square miles. One, Majji Tulasi Das, Advocate and Member of Mandasa Panchayat Samithi made a representation on the 31st March, 1967 to the Hon'ble Minister, Panchayat Raj, Andhra Pradesh, that Mandasa Panchayat Samithi area was a vast area and the people were backward, illiterate, ignorant and poor, that the vast number of Panchayats and the area hindered the development of the area and of the people that officers were unable to go to the people and contact them due to the huge size of the Panchayat and therefore, the administration had become bad. As the Ichhapuram Samithi area was adjoining that of Mandasa Panchayat Samithi area and the former was very small he suggested in his representation that either Mandasa Panchayat Samithi may be bifurcated into two Samithis, or in the alternative two firkas of Kolluru and Kanchili of Mandasa Samithi which were adjoining Ichhapuram Samithi may be merged with the latter. It was pointed out that the two firkas consisted of 24 Panchayats and if these 24 Panchayats were transferred to Ichhapuram Samithi the result would be that both the Samithis thereafter would consist of an equal number of Panchayats namely, 66. The Minister, Panchayat Raj endorsed on this representation that the matter may be enquired into and a report called for. The Collector, Srikakulam asked in his turn the Revenue Divisional Officer, Tekkali to submit a report. The Revenue Divisional Officer examined the matter in detail in consultation with the Block Development Officers, Mandasa and Ichhapuram and the Tahsildar, Sompeta. The Block Development Officer, Mandasa also sent a communication to the Revenue Divisional Officer. In that communication he pointed out the undesirability of splitting up the Mandasa Panchayat Samithi into two blocks, but he stated that it was desirable to tag on Kolluru and Kanchili firkas to the existing Ichhapuram Panchayat Samithi which was comparatively smaller. He stated that the then Mandasa Panchayat Samithi was very extensive and much inconvenience was being felt by the extension staff as they had to look after the entire block. If the two firkas were tagged on to Ichhapuram Samithi, both the re-organised Samithis would then be almost equal in all respects. After receiving the report of the Revenue Divisional Officer, the Collector also submitted his report recommending against bifurcation of Mandasa Samithi into two Samithis and suggesting the transfer of the two firkas of Ichhapuram Samithi. He pointed out that after the transfer the position would be that Ichhapuram would consist of 66 Panchayats with a total population of 119,610 and an area of 140,40 square miles, and Mandasa would consist of 66 Panchayats with a population of 118,638 and an area of 158-63 square miles. He recommended these proposals to facilitate equitable distribution of work among the Block Development Officers of Ichhapuram and Mandasa.

(2.) The Government thereupon passed a G.O. Ms. No. 795, Panchayat Raj (Samithi II) Department, dated 7th November, 1967. After referring to the above report of the Collector, the Government stated that they had accepted the proposal and directed the reconstitution of Mandasa and Ichhapuram Panchayats accordingly. By a notification appended to the Government Order it was stated that the Presidents, Vice-Presidents, the elected and the nominated members of the said Panchayat Samithis and also the members of all the Standing Committees thereof who were in office immediately before the re-delimitation of the said blocks and who are otherwise qualified to hold such offices in the reconstituted Panchayat Samithis or its Standing Committees, as the case may be, shall continue to hold such offices in the reconstituted Panchayat Samithis or its Standing Committees as if they were elected or nominated to such offices, as the case may be.

(3.) The appellants herein who were Sarpanchas of 16 of the Gram Panchayats out of 24 Gram Panchayats in Kanchili and Kolluru Panchayats transferred to Ichhapuram Samithi and who were members of Mandasa Panchayat Samithi filed a writ petition No. 3655 of 1967, out of which this appeal arises, for the issue of a writ of certiorari or any other appropriate writ calling for the records relating to or connected with the G.O.Ms. No. 795 Panchayat Raj (Samithi II) Department, dated 7th November, 1967 and quash the same. The following contentions were raised before Chinnappa Reddy, J., who heard the writ petition. (1) In submitting proposals for re-delimiting the Panchayat Samithis the Collector was guided by extraneous considerations as he thought the Chief Minister was interested in re-delimiting the block as requested by Majji Tulasi Das. (2) Section 3 (2) of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act (referred to in this judgment as 'the Act') confers an arbitrary discretion on the Government to re-delimit the blocks without providing any guide lines and is therefore, unconstitutional. (3) The Panchayat Samithi of Mandasa was not consulted nor the Gram Panchayats of Kanchili and Kolluru Firkas consulted before the Government issued the impugned order. (4) Several of the petitioners who were members of the various Standing Committees of the Mandasa Panchayat Samithi and who under the Government Order are made members of the reconstituted Ichhapuram Panchayat Samithi could not in fact hold office as members of the Standing Committees because the Standing Committees of Ichhapuram Samithi had already been constituted with the maximum number of members prescribed by statute.