LAWS(APH)-2003-8-96

AKULA GANGA RAJU Vs. P O YELESWARAM MANDAL

Decided On August 14, 2003
AKULA GANGA RAJU Appellant
V/S
PRESIDING OFFICER, YELESWARAM MANDAL PRAJA PARISHAD Respondents

JUDGEMENT

(1.) The question that falls for consideration in this writ petition is as to whether respondents 2 to 5, who were elected as members of the Mandal Parishad Territorial Constituency in Yeleswaram Mandal have incurred disqualification under Section 153 of the A.P. Panchayat Raj Act, 1994 and the Rules contained in G.O.Ms. No.756 dated 30-1-1994 as amended by G.O.Ms.No.81 dated 7-12-1994. This is the 2nd round of litigation on the issue.

(2.) . A.P. Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act') came to be enacted, as a sequel to the 73rd amendment to the Constitution of India in the year 1992. A three-tier system of the Panchayat Raj Institutions came to be introduced. At the bottom is the Village Gram Panchayat, at the middle is the Mandal Parishad and at the top is the Zilla Parishad, in the hierarchy. The Mandal Parishad comprises of territorial constituencies. From each territorial constituency, a member is to be elected and the members in turn are required to elect the President and Vice President of the Mandal Parishad.

(3.) . Elections for the purpose of electing 19 Mandal Parishad Territorial Constituency Members (for short' the Members') for the Yelleswaram Mandal of East Godavari district, were held on 14-7-2001. The elections were held on party lines as contemplated under the relevant provisions. Out of 19 members, 12 were elected from the Congress Party and 7 from the Telugu Desam Party.