P RAMESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These two writ petitions arise out of the orders passed by the State of Andhra Pradesh-firstrespondentherein-in G.O. Rt.No.ll89PanchayatRaj, dated 7th June, 1995. W.P. No.11378 of 1995 (hereinafter referred to as 'the first writ petition') is filed by the person-in-charge of Shivampet Gram Panchayat of Medak District praying this Court to declare the action of the respondents therein in seeking to hold the elections to the Gram Panchayat, Shivampet by including the voters of Gudur Village and Tribal Tandas as illegal and contrary to the said G.O. W.P. No.11931 of 1995 (hereinafter referred to as 'the second writ petition') is filed by one of the residents of GudurVillage,Shivampet Gram Panchayat, who is a candidate for the post of Sarpanch of Shivampet Gram Panchayat, praying this Court to issue a writ of certiorari to call for the records relating to the said G.O. and to quash the same.

(2.) As the facts giving rise to these two writ petitions and the questions involved are common, we have heard them together and are passing a common order in these cases.

(3.) To appreciate the questions involved in these cases, it would be apt to notice the facts giving rise to these writ petitions. The petitioner in the first W.P. is the Person-in-charge of Gram Panchayat, Shivampet. The Commissioner/ District Collector, Medak, issued Notification........ dt.7-6-1995 bifurcating Shivampet Gram Panchayat by deleting Thimmapur, Chinna Gottumukkala and Eidullapur Villages and declaring them as Gram Panchayats for purposes of Section 3(2) of the A.P. Panchayat Raj Act, 1994 (for short 'the Act'). It appears that even before the issuance of the said Notification, the person-in-charge of Shivampet Gram Panchayat filed a representation before the Commissioner requesting him to bifurcate Gudur Village from the said Gram Panchayat. That representation was however not disposed of, and subsequently no notification was issued in respect of the bifurcation prayed for. The person-in-charge then filed a revision under Rule 10 of the Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 1994 (for short the 'Rules').