C PRAKASH GOUD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in the instant writ petition prays for issuance of an appropriate writ declaring the action of the authorities in not holding elections to the Municipal Corporation of Hyderabad as arbitrary, illegal and unconstitutional. The petitioner accordingly prays for issuance of a consequential direction directing the respondents to take immediate steps for the conduct of elections for the Municipal Corporation of Hyderabad.

(2.) A quarter century ago, in 1921, Gandhiji made a profound comment on a note sent by the then Government of Bombay regarding the Ahemedabad, Surat and Nadiad Municipalities. The note sent by the Government was not in tune with the rising spirit of the people and had the tendency of interfering with the affairs of the Municipalities. The comment is beautiful and is timeless. It may be the first ever and the most understanding statement on decentralization of power and the role of Municipalities. It is worth to be reproduced: The Government of Bombay note regarding the Ahmedabad, Surat and Nadiad municipalities shows that it refuses to see the writing on the wall. Its dictatorial tone is now no longer in keeping with the rising spirit of the people. Its incitement to the individual ratepayers to sue the Councilors who believe they have performed their duty is hardly dignified. The proper course for the Government was to let the municipalities take their own course and not to invite trouble. As it is, the Government note is calculated to precipitate a crisis. The Councilors must take up the challenge and dare the Government to disregard the municipalities if they choose. The municipalities must have the right to mis-govern themselves if they wish. If a city is misgoverned, it is as much the rateopayers' fault as is the Councilors'. But our wise Government whilst recognizing the independent existence of the municipalities wants to stick to the letter of the law which killeth and would itself rule instead of letting the municipalities alone so long as they do not cost the Government anything. The municipalities must now take up the challenge and prepare for action on their part. Government may succeed in getting a few ratepayers to file suits. That will be the least it can do. The most it can do is to disband the municipalities concerned. And the most of the Government, should prove most welcome, if only the Protestants are a strong body. Assuming that they are, they must simply educate the ratepayers to understand what is happening and to prepare them for battle. I can seek swaraj peeping even through the Government note if the latter take and the former are ready for action. So long as there is no disbandment, the municipalities have all power; as soon as there is disbandment, the Government is powerless assuming of course that the ratepayers are strong, intelligent and united. The ratepayers are all that but they require to be organized for action. Hitherto the people have been the football of officials or so-called representatives. Non-co-operation enables the people to become the players in the game. Representatives must represent or they perish.

(3.) The elected term of the Hyderabad Municipal Corporation came to an end in the year 1991. Ever since, the Corporation is ander the management of the Special Officer appointed by the State Government. The Special Officer exercises all the powers, perform the duties and discharge the functions of the Corporation, Commissioner and the Standing Committee. All rolled into one.