RAVELLA SATYANARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition for issue of a writ in the nature of Mandamus directing the respondents 1 to 3 not to permit respondents 5 to 15 to take part in any proceedings of the Khammam Panchayat Samithi after declaring that their expression of choice to become members of Khammam Panchayat Samithi is illegal, null and void as also ultravires of Art. 14 of the Constitution apart from its being vitiated by mala fides on the part of the ruling party i.e., Congress (I) headed by the 4th respondent.

(2.) The allegations in the affidavit in support of the writ petition may be epitomised. The petitioner was elected as the President of the Khammam Panchayat Samithi and belongs to the Communist Party of India (Marxists). In Khammam Dist. The C. P. I. (Marxists) in collaboration with Communist Party of India (C. P. I.) and other allies were elected to 11 out of total number of thirteen Panchayat Samithi Presidents by direct election. The ruling party headed by the 4th respondent with a view to get control over Zilla Parishad, Khammam began making manipulations and as a part of the same concentrated their efforts in Khammam Samithi. In Khammam Samithi out of 75 Gram Panchayats, 41 Sarpanchas belonging to C. P. I (M) and C. P. I. parties and their allies were elected and twenty nine persons belonging to the ruling party were elected as sarpanchas. With a view to boost up their strength, the ruling party headed by the 4th respondent appears to have prevailed upon respondents 5 and 6 (Rajya Sabha members) and respondents 7 to 15 (members of the Legislative Council) to opt for membership of Khammam Samithi and pursuant to the same respondents 5 to 15 exercised their choice for Khammam Samithi under Section 4 (iii) and 4(v) of the A. P. Panchayat Samithis and Zilla Parishads Act 1959 with a view to become eligible for membership of Zilla Parishad and participate in the election of the members to be elected under Section 4(1) (vi) of the Act and the Vice-President of the Samithi.

(3.) In the counter-affidavit filed by the Assistant Secretary of the Panchayat Raj Department it was stated that respondents 5 to 15 were specified as members of the Khammam Panchayat Samithi by the Government considering their choice under clauses (iii) and (v) of sub-sec. (1) of S. 4 of Panchayat Samithis and Zilla Parishads Act, 1959. There is absolutely no restriction for members of the Rajya Sabha or member of the Legislative Council to exercise their choice to any particular samithi. The mala fides alleged against the respondents 4 to 15 are not within the knowledge of the Government and the Government has not been influenced by any extraneous considerations in taking its decision.