B NARASIMHARAO Vs. DISTRICT COLLECTOR KRISHNA

JUDGEMENT

(1.) In this writ petition the petitioner challneges the validity of the Ordinance II of 1964 and prays for a writ in the nature of mandamus or other appropriate writ declaring the said Ordiance null and void, ultra vires and unconstitutional of the powers of the State of Andhra Pradesh.

(2.) The facts upon which this prayer is based are set out in the affidavit of the petitioner who states that he was elected in the year 1959 October as the President of the Kona Panchayat (hereinafter called the Panchayat); that by virtue of several laws made from time to time by the State Government, his term of office as the President of the Panchayat was first extended upto 1st, July 1964 and was later reduced by Ordinance I of 1964 to 30th, June 1964; that the Government of Andhra Pradesh had recently conducted the elections to all the Gram Panchayats under the Andhra Pradesh Gram Panchayats Act 1964 (hereinafter railed the Gram Panchayats Act) and has published a Notification that the nominations will be received only on 18/5/64 and that the elections have been conducted and the nominations received in accordance with the Gram Panchayats Act. It is the contention of the petitioner that according to the provisions of the said Act more particularly Sec. 19 (2)(g) as he was member of the Panchayat, whose term expires on 1st of July 1964 he was disqualified from either filing the nomination paper or bring elected as a member of the Panchayat for which the elections were counducted, because under sec. 11 of the Act the first meeting of the Gram Panchayat has to be convened and their term of office as members will begin from the first meeting convened under sub-sec. 3 of Sec. 12 for the election of the Sarpanch or Upa Sarpanch which will be held immediately on the tame day. Therefore the petitioner submits all the sitting members whose term will expire only on or after the first of July 1964 are disqualified under Sec. 19 (2) (g) from contesting the elections. Accordingly the Petitioner could not file nomination paper on 18/5/1964.

(3.) Though this was the result according to him of the several provisions of the Gram Panchayats Act, he states that he could participate in the business of the Samithi till his term of office comes to an end i.e., he could take part in the elections of the President and Vice President of the Samithi as ex-Officio member of that Samithi. While he was thus content to work out his future in the Samithi and was preparing to contest for the post of President of the Bansdar Panchayat, the Governor of Andhra Pradesh issued Ordinance No. 2 debarring all the Presidents of the Panchayats who are ex-officio members of the Panchayat Samithis and whose term will expire before 30/6/64, from participating in the Panchayat Samithi elections. This Ordinance has gravely affected and prejudiced his rights and seriously discriminated against the existing Presidents of the Panchayats. It is the petitioner's contention that on the one hand by virtue of Sec. 19 the existing Presidents were disqualified from contesting the elections and becoming Presidents whose term of officio starts from 1/7/1964 and on the other band the Ordinance prevented; the existing Panchayat presidents from exercising their rights As such the presidents of the existing panchayats have been discriminated against while permitting participation in the elections of the Panchayat Samithis by persons who art elected as Presidents in the elections recently held in the month of May 1964 although their term has been declared to commence on the 1st, of July 1964.