LAWS(APH)-1987-4-45

SATYANARAYANA REDDY Vs. STATE OF ANDHRA PRADESH

Decided On April 17, 1987
C.SATYANARAYANA REDDY Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The above group of writ petitions were lodged between December 1986 to February 25, 1987. The cases relate to the election in 1080 madals and Zilla Parishads in the State. In view of the importance of the questions raised in the writ petitions, alearned single Judge of this Court referred the eases to a Divisional Bench. On February, 5, 1987 the Divisional Bench in its turn referred the cases be heard by a Bench of three Judges. That explains how the three Judges have heard the cases.

(2.) In the State of Andhra Pradesh after taluks are abolished, 1080 mandate were formed and elections were held in the Mandals and Zilla Praja Parishads in March 1987 under the Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads and Zilla Pranalika Abhivrudhi Mandals Act, 1986, and Rules entitled "Andhra Pradesh Mandala Praja Parishads & Zilla Praja Parishads (Reservation of Offices of President of MPPs and Chairmen of ZPPs) Rules, 1987. Some of these cases were filed when election programme was published by the authorities Few cases were lodged after 1987 Rules were promulgated. Some cases are filed thereafter beforr the poll was held as per the programme published.

(3.) In the above cases numerous questions were raised with respect to reservation made in favour of Scheduled Castes, Scheduled Tribes, Women and Backward Classes under the Act. On February, 27, 1987 the operation pf the second proviso to sub-section (2) of Section 5 of the Act touching the scheduled areas in the state, was suspended. I will deal with this part of the case at first as in the order on February 27 reasons for the order were not set out and it was stated reasons will follow.