PONNAKANTI CHINA VEERASWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) W.P. Wo. 983 of 1961 : The petitioners seek the issuance of a writ of mandamus directing the second respondent to forbear from convening a special meeting for the election of members in pursuance of R C No No of 1961, dated 31st August, 1961.

(2.) The facts giving rise to the writ petition are briefly these. The Government of Andhra Pradesh, by a notification dated 27th March, 1961, in exercise of the powers conferred by clause (b) of section 2 of the Andhra Pradesh Panchayat Sami this and Zilla Parishads Act (XXXV of 1959) (hereinafter referred to as the Act) ordered that Khammam and Thirumalayapalem Blocks would be subiected to re-alignment on 1st May, 1961, as a result of which 16 villages which were in the Thirumalayapalem Block would be transferred to Khammam Block. The Government issued another notification dated 10th April, 1961, ordering cancellation of the previous notification as per Memorandum No. 252/Proceedings 161-3, Planning and Local Administration, dated 27th March 1961, and further ordered that the re-alignment of Khammam and Thirumalayapalem Blocks should take place with immediate effect, i.e., with effect from 17th April, 1961. Consequent upon this notification, 16 villages which were in Thirumalayapalem Block were transferred to the Khammam Block and thus the Thirumalayapalem Block was re-delimited Subsequently, by another notification G.O. Ms. No. 643, dated 17th April 1061 the first respondent ordered reconstitution of Thirumalayapalem Panchayat samithi with effect from 15th May, 1961.

(3.) To give effect to this notification, the Revenue Divisional Officer, acting under section 6 of the Act, gave notice of a meeting to be held on a particular date for election of members. It is to prevent that Officer from convening the meeting that the present petition is filed. In support of this petition, it is urged by Sri Narasimham, learned counsel for the petitioner, that since the members of the Thirumalayapalem Panchayat Samithi were elected for a period of three years on 1st November, 1959 and their term would expire only on ist November, 1962, there could be no fresh election of the members for the reconstituted Samithi. The learned counsel maintains that another election before the expiry of the period of three years would offend agai nst the relevant provisions of the Act.