PANCHAKARLA KUTUMBA RAO Vs. P PAMIDESWARA RAO

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for the issuance of writ in the nature of a quo wananto to call upon the first and second respondents to show by what authority they claim their respective offices of the President and Vice-Presiscnt of the Bantumilli Panchayat Samithi.

(2.) By notification dated 28th September, 1959 and published in the Andhra Pradesh Gazette, dated 1st October, 1959, the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (XXXV of 1959) (hereinafter referred to as the Act) was enforced in the Krishna district with effect from and October, 1959. The area consisting of Malleswararn and Nandamur was declared to be a block as defined in section 2 (b) of the Act in G. O. No. 932, Planning and Development dated 3rd October, 1959. Bantumilii Panchayat Samithi was constituted by the Government of Andhra Pradesh with effect from 1st November, 1959, under section 3(i) of the Act. The election of members of the Panchayat Samithi was held on 24th October, 1959, at a duly convened meeting of the members of the Panchayat Samithi. On that very date, the Revenue Divisional Officer issued a notice under section 7 (2) of the Act calling for a special meeting of the Panchayat Samithi on 28th October, 1959, at its office for the election of the President and Vice-President On 28th October, 1959, the members of the Panchayat Samithi elected the first respondent as the President and the second Respondent as the Vice-President.

(3.) The election of the President and the Vice-President is challenged before us in this writ petition by a person who is a member of the Panchayat and who took part in the election, on the ground that the election of the President and the Vice-Prcsident took place before the constitution of the Samithi, which is contrary to the relevant provisions of the Act and that the members did not take the oath of allegiance before the election, as contemplated by the Act. According to the learned counsel for the petitioner, elections for the President and Vice-President should be conducted only after the Panchayat Samithi was constituted and elections held prior to that contravene the provisions of the Act and, therefore, should be declared null and void.