MOAZAM KHAN Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) WHETHER the proposed inclusion of l. B. Nagar, Gaddiannaram, Uppal Kalan, kapra, Alwal, Qutubullapur, Malkajgiri, kukatpally, Serilingampalli, Rajendernagar, patancheru and Ramachandrapuram municipalities and Shamshabad, Mamidipalli, satamarai, Jalapally, Mankhal, Almasguda/ tukkuguda, Sardarnagar and Ravarala Gram panchayats located around Hyderabad in the limits of the Municipal Corporation of hyderabad for the purpose of constituting greater Hyderabad Municipal Corporation is ultra vires the provisions of Articles 243e, 243p, 243q, 243u, 243zf and 371-D of the constitution of India and violative of Andhra pradesh Districts (Formation) Act, 1974 is the common question of law, which arises for determination in these petitions filed for striking down Sections 3 and 679-D of the hyderabad Municipal Corporations Act, 1955 (for short, 'the 1955 Act') and notifications issued by the Government of Andhra pradesh vide G. O. Ms. Nos. 703 and 704, municipal Administration and Urban development (Elec. ll) Department, dated 20-7-2005. In Writ Petition No. 17524 of 2005, the petitioners have also prayed for issue of a mandamus to the respondents to conduct elections to Rajender Nagar municipality and in all suburban municipalities which are sought to be merged in Greater Hyderabad Municipal corporation. In Writ Petition No. 17525 of 2005 (amended), the petitioner has further prayed for striking down Section 246 (1) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, 'the 1994 Act') and Sections 3-A and 62 of the Andhra Pradesh Municipalities act, 1965 (for short, 'the 1965 Act' ).

(2.) THREE of the nine petitioners, who have filed Writ Petition No. 17524 of 2005, are members of Andhra Pradesh Legislative assembly, five are Corporators from different wards of the Municipal Corporation of hyderabad (for short, 'the Corporation') and one is ex-Vice-Chairman of Rajender Nagar municipality. Writ Petition No. 17525 of 2005 has been filed by Sri Asaduddin Owaisi, who has been a Member of the Legislative assembly and is presently a Member of parliament from Hyderabad Parliamentary constituency and Writ Petition No. 18249 of 2005 has been filed by Sri B. Subash Reddy, chairman of Gaddiannaram Municipality, ranga Reddy District.

(3.) FOR deciding the aforementioned question, it will be useful to briefly notice the background in which the impugned G. Os. have been issued.