AMARA BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ pettion challenges the validity of G, O. Ms. No. 689. Panchayati Raj (Panchayats-1) Department, dated 9-6-1965, directing the elections to the Panchayat of Angalur Village, Gudivada Taluk, Krishna District, to be held before the end of June, 1965, pursuant to which the Election Authority, viz. the District Collector, Krishna, by his order dated 10-6-1965 notified the election programme, the ,date of poll, counting of votes and declaration of results to be oa 30-6-1965. The affidavit in support of the petition is to the following effect;- Angalur village which is one of the biggest .villages in Krishna District, has become faction-ridden due to Panchayat elections from the year 1925. From 1925 to 1937, there had been at least 6 big rioting cases which took place in the village, involving in all at least 201 villagers of Angalur. The law and order situtation in the villages has been completely shaken because of the local factions arising out of Panchayat feuds, the villagers sustained heavy losses and the normal avocations of life in the village had almost become impossible. In the year 1937, when the Congress first came into power, the Madras Government took a serious note of this situation and in order to save the villagers from violence, the Government had abolished the then existing Panchayat Board, which had the salutary effect of keeping the villagers as law-abiding citizens. After the Andhra Village Panchayats Act (II of 1964) (hereinafter called "the Panchayat Act") was patted, elections to the Panchayats in the whole of the Andhra Pradesh were sought to be held ; but the.law and order situation in Angalur village again deteriorated In the months of Febrrary and March, 1965, 10 very big hay-stacks 5 or 6 cattle-sheds and nearly 100 huts of poor people were burnt, because of this mounting tension between the local factions. As a consequence, both the factions in the village applied to the Government for stationing punitive police foreto safeguard the law and order situation in the village. Ultimately, the general lections to the Angalur Gram Panchayat were decided to be held and the date of nominations was fixed for 28-5-1965 and the date fixed for election on 14-6-1965. What the deponent did not state was that along with the elections of the other panchayats in the State the elections for Angalur Panchayat were scheduled to be held on 29-5-1964, the date of nominations having been fixed earlier, 19 petsons filed their nominations on 18-5-1964 for the 11 constituencies, into which the village was divided But a writ petition No. 744/64 was filed in this Court by the petitioner's paternal uncle, one D. Ramakotayya and stay of further proceedings was obtained. On D. Trivikrama Rao, got himself impleaded as the 4th Respondent in C M.P. 57/64 date 8-7-1964 and a counter was filed by him and he along with the Government contested the writ petition, which ultimately was dismissed on 20-1-1965. It is as a consequence of the dismissal of this writ petition that the date for election was fixed on 14-6-1965 and fresh nominations in addition to the previous nominations, were called for to be filed on 28-5-1965.

(2.) After the dates of election programme were duly proclaimed in the village, the petitioner and some others presented a petition on 15-5-1965 to the Minister for the Panchayati Raj, for stationing of additional police force and also for postponing the holding of elections to the panchayat, on which the Minister for Panchayati Raj Department made the following endorsement on 16-5-1965 :

(3.) Thereafter, about 100 signatories signed a petition and presented it to the Minister for Panchayati Raj, as also to the Chief Minister of Andhra Pradesh The former endorsed on 31-5-1965 thereon: "For necessary action Please to the Secretary to the Panchayati Raj Department, while the Chief Minister on the same day recorded: "Please consider if stay cannot be vacated. If necessary proper bandobust arrangements may bs made and elections conducted." It is on these endorsements, the Collector was also consulted after which, in exercise of the powers under the second proviso to sub-sec. (3) to sec. 11 of the Pahchayats Act, the Government issued G.O. Ms, No.689 Panchayati Raj Department. dated 9-6-1965, vacating the orders issued previously in their memorandum No. 1449 PT. 1/65-3 dated 24-5-1965 and requesting the Collector, Krishna, to take necessary Action to complete the general elections to Angalur Grain Panchayat before the end of June, 1965, after taking necessary precautionary measures by way of proper adequate police bandobust arrangements. It is the validity of his memorandum that is now challenged.