VADDEPALLI NARSIMULU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioners herein, eight in number, are aggrieved by the action of the respondents in de -notifying Polampally, Wadiaram, Redypally, Vallur, Rukmapur, Ananthasagar, Ullithimmaipally, Chinnashivnoor, Chittojipally and Karnalpally as gram panchayats vide G.O.Ms. No.304, PR & RD (Pts.IV) Department dated 29.06.2013; and the consequential order in G.O.Ms. No.300 MA & UD (Elec.I) Department dated 29.06.2013 merging these gram panchayats and in constituting them as the Chegunta Nagar Panchayat.

(2.) IT is the petitioners ' case that there is no justification in forming the Chegunta Nagar panchayat by merging ten villages located far and wide; the merger does not satisfy the criteria stipulated in G.O.Ms. No.16 MA & UD (Elec.I) Department dated 16.01.2013; for constitution of a Nagar Panchayat, the population should be 20,000 and above; it is only to bring the population above 20,000, have the subject 10 villages been merged with Chegunta village - whose population is only 5,000 - to constitute it as a Nagar Panchayat; the other criteria i.e., market potential, economic importance, scope for industrialization are absent; as against the statutory requirement of 25%, the percentage of employment in non -agricultural activities is less than 10%; the impugned G.Os were issued with a malafide intention just three days before the notification, for the panchayat elections, was issued by the State Election Commission; the local ruling party representative, knowing fully well that the villagers were going to vote against their party sponsored candidates, had worked out a strategy to prevent elections to the subject gram panchayat; in all these villages, 95% of employment is in agricultural activity, and 50% of the population is dependent on the Mahatma Gandhi National Rural Employment Guarantee programme ( ''MGNREGP '' for short) for their sustenance; the object of the 73rd Constitutional Amendment, which is to protect the gram panchayat and develop them into self sustainable units, is being subverted; the villagers would be subjected to higher taxes if these villages are merged with Chegunta Nagar Panchayat; in the absence of proper means of communication, it would be difficult for the villagers to travel to Chegunta; the Special Officers of the subject Gram panchayats, who are government servants, appear to have sent the resolution since there is no elected body; such a resolution cannot be considered as the will of the people; and the action of the officers, in sending such proposals, is arbitrary and illegal.

(3.) IN the counter -affidavit, filed on behalf of the 2nd respondent, it is stated that the population of Chegunta Nagar Panchayat is 22, 162; it is fully qualified to be a Nagar Panchayat in terms of G.O.Ms. No.16 dated 16.01.2013 whereunder the criteria of population for constitution of a Nagar Panchayat, as per the last census, is between 20,000 and 40,000; the market potential, income importance and scope for industrialization criteria are also satisfied; 25 industries are functioning therein; the distance from the outer periphery of Chegunta village to the other merged villages is less than 3 kms; and constitution of the Chegunta Nagar Panchayat fully satisfies all the requirements of Section 2(42 -a) of the A.P. Municipalities Act, and G.O.Ms. No.16 dated 16.01.2013, such as population of the area, density of population, revenue, percentage of employment in non -agricultural activities, economic importance, and other factors such as the local area acquiring urban characteristics. The counter affidavit contains a table wherein details are furnished regarding the manner in which these parameters are satisfied. It is further stated that the apprehension of the petitioners, that their sustenance would be in danger, is misplaced; since the distance is less, and the main village is well connected by well developed BT roads, the inhabitants can easily travel to the office of Chegunta Nagar Panchayat for redressal of their grievances; and all the ten gram panchayats and gram sabhas had resolved to merge the respective gram panchayats with the Chegunta Nagar Panchayat.