NIDADAVOLU RAMACHANDIAYYA Vs. PANCHAYAT SAMITHI OF GOPALAPURAM

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India seeking to issue a writ of mandamus, or any other appropriate writ, direction- or order, directing the 1st respondent to convene a proper meeting and conduct proper elections to the Standing Committees of the Panchayat Samithis under section 14 (3) of the Panchayat Samithis and Zilla Parishads Act (hereinafter called the Act). It arises in the following circumstances.

(2.) Gopalapuram Panchayat Samithi in West Godavari district consists of 44 members. The President and the Vice-Preldent of the Panchayat Samithi were elected at a meeting. Subsequent to their election, a meeting was called for on. 22nd August, 1964 in order to elect different Standing Committees under section section 14 of the Act. The notices of this meeting were issued on 15th August, 1964. Most of the members seem to have been served on 15th August, 1964. Respondent No. 3 however was served on 16th August, 1964. It was contended by the petitioner that he too was served on 16th August, 1964 and not on 15th August, 1964 as is alleged by the 3rd respondent.

(3.) Twenty-six members including the petitioner seem to have filed an application, before the President of the Samithi on 20th August, 1964 urging that the meeting scheduled to be held on 22nd August, 1964 should be postponed, and gave certain, reasons for asking the postponement of the meeting. The President endorsed that application, and directed the postponement of the meeting. In pursuance of his. direction, notices informing the members of the postponement of the meeting called on 22nd August, 1964 were issued on 21st August, 1964. These notices were served on 35 members of the Samithi. What happened in regard to the nine other members is not sufficiently clear.