K NARASIMHA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition raises the question relating to the scope and ambit of section 63 of the (Andhra Pradesh Panchayat Samithis and Zilla Parishads) Act. The point that arises for determination in this petition is whether it is competent for the Government to reconstitute the Panchayat Samithi after the expiry of the period of supersession within the contemplation of section 63. The Thamballapalle Panchayat Samithi was superseded for a period of one year by an order of the Government, dated 16th January, 1961 for reasons which need not be set out here. The period of supersession was extended by another three months. On the expiry of the extended period, the Government sought to reconstitute the Samithi and for that purpose were taking steps for holding fresh election to the Samithi. At that stage, the President of the Samithi invoked the jurisdiction of this Court under Article 226 of the Constitution for the issuance of a writ of mandamus to direct the Government to forbear from proceedings to reconstitute the Samithi. It is urged by Sri Chinnappa Reddi, learned counsel for the petitioner, that there could be no reconstitution of the Samithi when it was superseded and not dissolved and, it was not within the powers of the Government to hold fresh elections for the Samithi for the purpose of reconstituting it. On the other hand, the learned Government Pleader submits that reconstitution could be effected both when the Samithi is dissolved and when it is superseded.

(2.) As the controversy centres round section 63 of the Act, it is convenient to reproduce it here :

(3.) We are here called upon to decide whether the clause " reconstitute it either immediately or with effect from another specified date " governs only " dissolve it with effect from a specified date " or it applies to " the Government may supersede the Panchayat Samithi or the Zilla Parishad, as the case may be, for a period not exceeding one year from a specified date " as well.