A LAXMANA MURTY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Sixteen Municipalities, some from Andhra and the others from Telangana but all of which have come of age being in existence for several years, financially virile and vibrant, effectively serving the needs of the respective inhabitants, cry cut for help against a common sentence of death passed on them by the Andhra Pradesh State Legislature by means of Section 2 of Act No. 16 of 1979, which reads thus : -

(2.) The common sentence of extinction passed on these Munici palities by the State of Andhra Pradesh by the force of the aforesaid Section 2 of Act No. 16 of 1979 is based not on the ground that those Municipal bodies are not working efficiently today but only on the ground that the population of these Municipalities was less than 25,000 at the time of the last census which was taken in the year 1971. It is somewhat difficult, though not impossible, to see the rationale behind this action of the State. What has the last census figures taken some eight years or nine years back got to do with today's decision to extinguish a flourshing Municipality is a question which no person or body of persons of good will ever hope to answer. What is more the present-day population of each of these Municipalities now sentenced to die not only exceeds the 1971 target of 25,000 but their records of service and financial viability are unchallengably excellent Let us look at a few random samples The Kovvur Municipality constituted under the old Madras Act No. V. of 1920 has in the year 1979 a population of over 30,000 with Rs. 15 1/2 lakhs of annual income, althcugh it had only 22,300 population in the year 1971. The Nidadavole Municipality constituted under the aforesaid Act No. V of 1920 has in the year 1979 a total population of 29,000 with an annual income of 19 lakhs although it has a population of only 23,383 in the year 1971. The Markapur Municipality, whose present day population is 35,000 with Rs. 14,80,000/- as annual income, had only 22,663 population in the year 1971. The Ramachandrapuram Municipality with the present-day population of 32,500 and an annual income of Rs 29,75,000/- had a population of 23,690 in the year 1971. The Zheerabad Municipality constituted in the year 1953 has to-day a population of 28,000 with an annual income of Rs. 9,GO,000/- but with a population in the year 1971 of only 18,484. The Mancherial Municipality with its present-day population of 30,000 and an annual income of Rs. 19,00,000/- had only 19,880 population in the year 1971. The Janagam Municipality with its present-day population of 28,400 had only 16,867 population in the year 1971. It Is not the case of the Government nor is it even suggested by the Government, that these Municipalities should not be allowed to function for reasons of financial instability or social or functional turbulance. The one and the only ground which is advanced by the statute in support of the wanton destruction of these Municipalities is that they did not have 25,000 population in the year 1971. Can any fair-minded, reasonable, unbiased but resolute man who is not swayed by emotion or prejudice, regard this with equanimity and call it reasonable and fair, regard it as that equal treatment which is expected of a sovereign democratic republic ? (See Justice Bose in The State of West Bengal vs. Anwar Ali Sarka (1) 1952 S C.R. 284 at 367)

(3.) In order to appreciate the enormity of injustice done to thyse Municipalities, it is necessary to mention a few facts. The Andhra Pradesh Municipalities Act of 1965 repealing and replacing the Andhra Pradesh District Municipalities Act of 1920 (Act V of 1920) covering the Andhra area and Telangana Municipalities Act of 1956 (Act No. 18 of 1956) covering the Teiangana area enacted a common integrating law of Municipalities for the whole of Andhra Pradesh under which it is obligatory for the Government to constitute a Municipality for a local area with a population of 25,000. But the Municipalities with whose survival we are concerned in this batch of writ petitions, were constituted long prior to the enactment of the aforesaid 1965 Act. Some of these Municipalities from Teiangana area, were constituted even earlier to the aforesaid Act No 18 of 1956 repealed by the 1965 Act. On repeal of Act No. V of 1920 and Act No 18 of 1956. these Municipalities then in existence for several years were declared to have been constituted under the provisions of the 1965 Act. Sections of the 1965 Act puts the Government under a duty to constitute a Municipality for a local area, for a population of not less than 25,000. Although these Municipalities, which were by the time of 1965 Act had less than 25,000 population, they were allowed by the 1965 Act to continue. The obvious reason is that the legislature thought that these Municipalities then existing for some years should not be abolished on the basis of population laid down by the 1965 Act In fact, never before or after we come across a case when a flourishing municipality is replaced by a Panchayat. On the other hand, the path of progress in Municipal administration is from Panchayats to Municipalities District Boards and Corporations.