GOVERNMENT OF ANDHRA PRADESH Vs. N SEKHAR

JUDGEMENT

(1.) By this order, we are disposing of the writ appeals filed by the State of Andhra Pradesh and its functionaries, Andhra Pradesh State Election Commission (for short, 'the State Commission') and some private individuals against order dated 20-6-2006 passed by the learned Single Judge in Writ Petition No.10965 of 2006 - N. Sekhar v. The Government of A.P. and others and batch whereby he quashed notification dated 10-6-2006 issued by the State Commission under Article 243-K of the Constitution of India read with Section 201 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, 'the 1994 Act') and Rule 4 of the Andhra Pradesh Panchayat Raj (Conduct of Elections) Rules, 2006 for election of the members of Zilla Parishad Territorial Constituencies (ZPTCs) and Mandal Parishad Territorial Constituencies (MPTCs) except those specified in the notification, as also electoral lists prepared in furtherance of that notification. Simultaneously, we are disposing of the writ petition filed by Telugu Desam Party for restraining the State Commission from issuing notification for the purpose of holding elections to the Gram Panchayats in the State till the preparation of electoral rolls in accordance with the provisions of Article 243-K read with Sections 11,12 and 201 of the 1994 Act.

(2.) Before adverting to the factual matrix and the points raised by the parties in support of their respective cases, we deem it proper to briefly notice the scheme of the constitutional and statutory provisions, which have bearing on the decision of questions arising in the appeals and the writ petition.

(3.) On 26th January, 1950, the people of India solemnly resolved to constitute India into a sovereign democratic republic and to secure to all its citizens Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity, and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation. By the Constitution (Forty-second Amendment) Act, 1976, the words "Sovereign, Socialist, Democratic Republic" were substituted for the words "Sovereign Democratic Republic" and the words "unity and integrity of the Nation" were substituted for the words "unity of the Nation".