B MADHUSUDHAN RAO Vs. REVENUE DIVISIONAL OFFICER MEDAK

JUDGEMENT

(1.) This writ is for the issue of a mandamus or any other appropriate writ or direction to the respondent directing him not to give effect to the notice dated 9th June, 1964, issued by him for holding the election of the members under section 4(1) (v) of Act (XXXV of 1959) to the Ramayampet Panchayat Samithi. This is one of a number of writ petitions in which a similar question as the one raised in this writ petition is raised, viz., that the minimum time for giving notice for co-option of members specified in section 4(1) (v) as prescribed in section 8-A, which was added by Ordinance II of 1964, is inconsistent with rule 3 (2) made in G.O. Ms. No. 289, Panchayat Raj (Samithi-III), dated 21st March, 1964.

(2.) It may be stated that under the Andhra Pradesh Gram Panchayats Act, firstly, members have to be elected to the Panchayats. Thereafter, the Sarpanch and Upa-Sarpanch will have to be elected by the members of the Panchayats. Under the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act (XXXV of 1959), hereinafter referred to as 'the Act', as amended by subsequent Acts, the Sarpanchas, i.e., the Sarpanchas in the Telangana area and the Presidents4f the Panchayats in the Andhra area, whose term does not expire till 3Oth June, 1964, and those Presidents who have been elected under the Andhra Pradesh Gram Panchayats Act and persons specified in clauses (ii) to (iv) of sub-section (1) of section 4 of the Act have a right to co-opt persons specified in clause (v) of sub-section (1) of section 4, i.e., two women, one representative of the Schedule caste, one representative of the Schedule tribes, and two persons interested in rural development. Thereafter two persons specified in section 4(1) (i) and persons nominated under section 4(1) (ii) in cases where no (sic) Panchayat cannot, for any reason, elect a President or Sarpanch and those persons specified in clauses (iii) to (v) have a right to elect a President and Vice-President amongst themselves. Section 6 of the Act provides for the holding of the special meetings not only to co-opt members under section 4 (1) (v) but also to elect President and Vice-President of the Samithi. Under this provision, notice of not less than 14 clear days has to be given not only to co-opted persons under section 4 (1) (v) but also to elect President and Vice-President. It is further enjoined that the latter notice shall be given along with the notice of the meeting convened for the election of the members specified in clause (v) of sub-section (1) of section 4. In so far as notice to members specified in clause (v) is concerned, section 6 provides that as soon as they are co-opted immediate notice should be given to them by affixture to the notice-board at the office of the Panchayat Samithi. As we have already stated, this writ petition merely deals with the sufficiency or insufficiency of the period of notice given to the petitioner. It is his contention that notwithstanding the Ordinance, he is entitled to 14 days clear notice while the Government Pleader contends that he is not entitled to any notice other than notice of not less than five clear days.

(3.) Before we examine these rival contentions, it is necessary to note the provisions of section 8-A which has been inserted by the Ordinance in the Act. Section 8-A is in the following terms :