T DEVENDER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This judgment will dispose of all the six writ petitions since they raise common questions for decision. When the writ petitions were filed, the petitioners were either Chairmen of Zilla Praja Parishads or Presidents of Mandala Praja Parishads. Except the Chairman of the Rangareddy Zilla Parishad, the term of office of the other petitioners has expired. The challenge in the writ petitions, was originally confined to the legality of (l) G.O.Ms. No. l64, Panchayati Raj and Rural Development Department (Mandals-I) dated 8-3-90 by which a rule was made under sub-section (1) of Section 92 and sub-section (6) of Section 28 of the Mandala Praja Parishads, Zilla Praja Parishads and Zilla Abhivrudhi Sameeksha Mandals Act, 1986 (MPP & ZPP Act for short) and (2) G.O.Ms.No.303, General Administration (Serviccs-A) Department dt. 17-4-90, by which, the District Selection Committee for recruitment to the posts both in Government Departments and Panchayat Raj Bodies in the district was reconstituted with the District Collector as Chairman, the Toint Collector and the District Development Officer as members. During the pendency of these writ petitions, Act No.5 of 1991 was enacted by the State Legislature by which, inter alia, the administrative control of the President of the Mandala Praja Parishad over the Mandal Development Officer and the administrative control of the Chairman of the Zilla Praja Parishad over the District Development Officer, which was hitherto extended "for the purposes of the Act" was restricted to "for the purposes of the implementation of the resolutions" passed by the local authority or any stand ing committee thereof. The Amendment Act also enjoins that no meeting of the Zilla Praja Parishad or Mandala Praja Parishad shall be convened on a public holiday and during the period in which the legislative Assembly or either House of Parliament is in session. These provisions contained in Sections 3(i), (ii) and 6(i), (ii) of Act 5/91 have been challenged by the petitioners with the leave of the Court by filing appropriate miscellaneous petitions. Besides questioning Section 3 of Act 5/91, the petitioners in W.P. No.11099/90, Presidents of thirty Mandala Praja Parishads, have questioned the legality of G.O.Ms.No.43, Panchayat Rajand Rural Development, dated 23-1-1990 and Memorandum No.71912/Mdl,.II/90/l, dated 11-6-91 by which powers of appointment and transfer of employees-teachers, ministerial staff and other executive staff-were conferred on the Mandal Development Officers. The changes effected by issuing appropriate amendments to the statutory rules by G.O.Ms.No.428 dated 9-8-91 have also been challenged.

(2.) There is a three-tier system of local self-government in the rural areas of the State of Andhra Pradesh. At the village level the local self-government unit is Gram Panchayat; the A.P. Gram Panchayats Act, 1964 regulates the constitution of Gram Panchayats, their powers, functions and other related matters. Act No.31/86 was enacted by the Andhra Pradesh State Legislature to provide for constitution of Mandala Praja Parishads and Zilla Praja Parishads and Zilla Abhivrudhi Sameeksha Mandals. A group of villages constitute a Mandal. Section 4 of the Act deals with the composition of Mandala Praja Parishad; every Mandal has ex-officio as well as elected members. All the Sarpanches of the Gram Panchayats comprising the Mandal area, the local M.L.A., a Member of the Lok Sabha whose constituency encompasses the Mandal and a Rajya Sabha Member nominated by Government are also members of the Mandala Praja Parishad. The President of the Mandal is directly elected for a specified time by the registered voters in the entire area comprising the Mandal. Every Mandal has a Vice-President elected by the Members from among themselves. Sections 22 to 25 deal with the powers and functions of the Mandala Praja Parishad. Section 26 enumerates the powers and functions of the President and Vice- President. The President of the Mandala Praja Parishad exercises administrative control over the Mandal Development Officer "for the purposes of this Act" by clause (a) of sub-section (1) of Section 26. The chief executive officer of the Mandala Praja Parishad is statutorily designated as "Mandal Development Officer" and his powers and functions are enacted in Section 28. Section 29 enjoins that the chief executive officer, other officers and staff of the Mandala Praja Parishad and staff employed in the institutions and schools under the mandal shall be subordinate to the local body i.e., the Mandala Praja Parishad. Government is empowered by Section 30 sub-section (1) to create posts of officers and other employees of the Mandal. The salaries, allowances, pension and contributions towards Provident Fund of the officers and other employees of the Mandal are to be paid out of the consolidated fund of the State.

(3.) At the district level, the local body is known as Zilla Praja Parishad. Its constitution, incorporation and composition are dealt in Section 43. All the Presidents of the Mandala Praja Parishad in the district are ex-officio members of the Zilla Praja Parishad. Besides, all the M.L.As and M.Ps who are members of the Mandala Praja Parishads also are members of the Zilla Praja Parishad. The Chairman is directly elected for a term of office by all the registered voters in the district. The Vice-Chairman is elected by the members of Zilla Praja Parishad from among themselves. The District Development Officer who is the chief executive officer of the Zilla Praja Parishad is appointed by Government and he exercises powers and discharges functions as laid down in Section 46. Section 57(1) enacts the powers and functions of the Chairman; he exercises administrative control over the chief executive officer "for the purposes of this Act" Creation of posts in the Zilla Praja Parishads, appointments to the posts, payment of salaries to the incumbents and other related matters are comprehended by Section 60, Section 82 confers power on Government or any officer authorised in that regard to call for any record, register or document under the control of any Mandala Praja Parishad or Zilla Praja Parishad and record in writing for consideration of the local body any observations the officer may think appropriate in regard to any proceedings or duties of the local body. Section 92 confers power on Government to make rules for carrying out the purposes of the Act. The local bodies are empowered to make bye-laws under Section 93. The section also lays down that Government shall prescribe the procedure for making the bye-laws, the publication thereof and the date on which they shall come into effect.