GANGARAM Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) This judgment will dispose of both the writpetitions in view of commonality of questions of law and fact involved.

(2.) The petitioner in W.P.No. 1533 of 1996 Sri Gangaram was elected from Mirzapur Mandal Parishad Territorial Constituency on Congress Party ticket to the Bhainsa Mandal Parishad. Bhainsa Mandal Parishad in Adilabad District consists of eight territorial constituencies. Every Mandal Parishad, as per Section 153 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short "the Act"), shall have one President and one Vice-President elected by the elected members of the Mandal Parishad. The office of the President, Bhainsa Mandal Parishad, was reserved for members of Scheduled Castes in accordance with the procedure prescribed under sub-section (2) of Section 153 of the Ac;. Of the eight elected members of the Bhainsa Mandal Parishad, three belonged to the congress Party and five to the Telugu Desam Party (for short "T.D.P."). Apart from the elected members, every Mandal Parishad consists of four categories of persons specified under Section 149 (1) of the Act, viz., Member of the Legislative Assembly, Lok Sabha Member, Rajya Sabha Member and a person belonging to the Minorities, co-opted in the prescribed manner. Besides Sri Gangaram, who belongs to a Scheduled Caste, the other two members of the Congress Party are Smt Bhoodevi, also belonging to a Scheduled Caste, and Smt Sayamma. The T.D.P. has no members belonging to the Scheduled Castes. Members belonging to a recognised political party must obey the whip issued by the prescribed functionary of the Party as enjoined by Section 153 (1) of the Act.

(3.) A Notificaiton was issued on 14-3-1995 drawing up the schedule fixing the date 18-3-1995 for election of the President, Vice-President and Co-opted member of the Mandal Parishad. On 18-3-1995 all the eight members of the Mandal Parishad were present. After the election of the co-opted member was over, another meeting had commenced without any break for election of the President and the Vice-President. First, me Vice-president's election was taken up and Sri P. Ramachandra Reddy, the petitioner in W.P.No. 3474 of 1996 belonging to the T.D.P., was declared elected. Immediately, all the five members belonging to the T.D.P., walked out of the meeting evidently for the reason that there was no scheduled caste person among the T.D.P., members to seek election to the office of President. The name of Sri Gangaram, the petitioner in W.P.No. 1533 of 1996, was proposed for Presidentship by Smt. Bhoodevi and seconded by Smt. Sayamma, both belonging to the Congress Party. When Sri Gangaram said that he was contesting for the post of President/ the Election Officer adjourned the meeting to the next day i.e., 19-3-1995 stating that no business could be transacted as there was no quorum-presence of atleast one half of the number of members. On the next date of adjournment, nobody was present.