LAWS(APH)-1997-8-57

RAJALU S Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On August 19, 1997
S.RAJALU Appellant
V/S
GOVERNMENT OF A.P.REP.BY ITS CHIEF SECRETARY Respondents

JUDGEMENT

(1.) Heard Mr. S. Ramachandra Rao, the learned Senior Counsel for the petitioners and the learned Advocate General for the Government. 1. Since the arguments in the W.P.M.Ps. and the Writ petition are one and the same, the main writ petition is being disposed of.

(2.) The petitioners seek an appropriate writ, order or direction declaring the Rules issued by the Government in G.O.Ms.No. 137, Panchayat Raj and Rural Development (Mandal-I) Department, dated 27-3-1997 and the amended G.O.Ms.No. 171, Panchayat Raj and Rural Development (Mandal-I) Department dated 19-4-1997 as arbitrary, illegal and violative of principles of natural justice and fundamental rights guaranteed to the petitioners under Articles 14, 16, 40 and 243-F of Constitution of India and also violative of provisions of A.P. Panchayat Raj Act, 1994.

(3.) It is submitted by the petitioners in the affidavit filed in support of the writ petition that the A.P. Panchayat Raj Act, 1994 (Act No. 13 of 1994) was in force in the whole State of Andhra Pradesh from 13th, May 1994. Elections to the Mandal Parishad Territorial Constituencies were conducted in March, 1995 on the basis of a party system. The Mandal is divided into constituencies i.e Mandal Parishad Territorial Constituencies (M.P.T.C.) and the election of the President and Vice-President was conducted on the basis of the indirect election, i.e., the elected M.P.T.C. Members will elect the President and Vice- President from among themselves.