A KADIRAPPA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioners in Writ Petition No.979 of 2002 are members of the Mandal Parishad, Bukkarayasamudram, Anantapur District. First ordinary elections to Mandal Parishads in Anantapur District were held during 1995. In so far as Mandal Parishad of Bukkarayasamudram Mandal, elections were held in February, 1997. First meeting of the Mandal Parisahd, Bukkarayasamudram Mandal after the ordinary election, was held on 27-2-1997. In terms of Section 154 of the A.P. Panchayat Raj Act, 1994 (hereinafter referred to as "the Act") the members were entitled to hold the office for a term of 5 years from the first meeting of the Parishad after ordinary election i.e., upto 27-2-2002.

(2.) With respect of other Mandal Parishads, term of 5 years was expiring in 2000. G.O.Ms. No.86, Panchayat Raj and Rural Development (Elections) Department, dated 13-3-2000 was issued appointing special officers in respect of all Mandal Parishads including the Mandal Parishad, Bukkarayasamudram Mandal. The District Collector, Anantapur issued proceedings dated 18-3-2000 stating that according to clause (ii) of Section 154 of the Act, term of the elected members of the Mandal Parishads in the district expired on 17-3-2000 and as the elections to the Mandal Parishads were not held there was no possibility of elected representatives continuing beyond the said term. In order to overcome this difficulty Government promulgated Ordinance No.3 of 2000, dated 5-2-2000, providing for administration of the Mandal Parishads by the special officers until the next ordinary elections were held. As on the date when the special officer was appointed even for Bukkarayasamudram Mandal, the term of the elected members of the Mandal Parishad, Bukkarayasamudram Mandal had not come to an end, which would have expired on 27-2-2002. Though attention to this fact was drawn to the concerned authorities but no remedial measures were taken and the petitioners in Writ Petition No.979 of 2000 alleged that members of Mandal Parishad, Bukkarayasamudram had to relinquish their posts about 18 months earlier. On 14-9-2001, however, proceedings were issued by the Government allowing the elected body to continue upto 27-2-2002. Thus from 17-3-2000 to 14-9-2001 members of Mandal Parishad, Bukkarayasamudram could not continue in office. Therefore, on 21-1-2002 writ petition was filed seeking direction declaring the action of the respondents in not extending the term for another period of 18 months to make deficit as not legal, and arbitrary and contrary to the provisions of Section 154 of the Act and consequential direction was sought to continue the members of the Mandal Parishad, Bukkarayasamudram for another period of 18 months from 27-2-2002.

(3.) The writ petition came up before the Court on 23-1-2002. While issuing notice, status quo was directed to be maintained. Writ petition has been pending. On 24-4-2002, G.O.Ms. No.139 was issued by Panchayat Raj and Rural Development (Elections) Department, directing the District Collector, Anantapur to reinstall the elected body of Bukkarayasamudram Mandal for the period lost i.e., 18 months due to the mistake alleged to have been committed. This action on the part of the Government having issued Government order on 24-4-2002 is under challenge in Writ Petition No.8966 of 2002. This petition also came up before the Court on 7-5-2002 on which date the status quo was directed to be maintained by the parries.