V RAMACHANDRA REDDI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Sri Apikatla Joseph described in ' the list of Members of the Andhra Pradesh Legislative Council' issued by the Legislature Council Department, as a resident of Lamtedipeta, Vijayawada-1, was elected to the Andhra Pirdesh Legislative Council on 28th June, 1966 by the Members of the Legislative Assembly. Under section 36 of the Panchayat Samithis and Zilla Parishads Act every member of the Legislative Council becomes a member of the Zilla Parishad as may be specified by the Government provided that where he does not represent a territorial constituency he must be specified as member of the Zilla Perished of the district in which he is registered as a voter. As Sri Joseph did not represent a territorial constituency he had to be specified as member of the Zilla Parishad of the district in which he was registered as a voter. From the records prouced before me by the Government, it transpires that on 7th August, 1966 Sri A . Joseph addressed a letter to the Government to allot him to the Zilla Parishad of Krishna as he was a native of Krishna District. The letter is as follows :- " From A. Joseph, M.L.C., Lambadipeta, Vijayawada-1. To The Secretary to Government, Panchayat Raj Department, Andhra Pradesh, Hyderabad. Respected Sir, In the recent Legislative Council Election, I was elected as a member of the Andhra Pradesh Legislative Council. As per the rules I was told that I will have a chance to participate in the meetings of the native district Zilla Parishad. Therefore, I request you to kindly instruct the Zilla Parishad Authorities, of this Krishna District to forward me the notices of the meetings to be held from time to time, because I am the native of this district. So, I expect your early co-operation in the matter. Thanking you, Yours most sincerely, (Sd). A. Joseph."

(2.) On 19th August, 1966, however, he addressed another letter to the Government purporting to withdraw his earlier letter. This letter is as follows :- Camp: Hyderabad, 19-8-1966. " From A. Joseph, M.L.C,, Lambadipet, Vijayawada. To The Secretary, Panchayat Raj, Government of A.P. Hyderabad. Respected Sir, I have written a letter requesting you to allot me to Krishna District, Zillaparishad. And also I have requested you to instruct the Zilla Parishad authorities to communicate to me. In this regard, I request you not to communicate any order to the Zilla Parishad Krishna in the above matter as I am withdrawing the 1st letter which I have already addressed to you. Thanking you, Yours most sincerely, (Sd). A. Joseph, 19-8-66 M.L.C. " Sri Joseph does not state in this letter why he is withdrawing his former letter and whether he has ceased to reside in Krishna District. On 28th August, 1966 the Government wrote to Sri Joseph asking for particulars of his registration as a voter. On 8th September, 1966 Sri Joseph, without giving any particulars as desired, addressed a third letter to the Government, this time requesting to be allotted to the Zilla Parishad, Nellore- This letter is as follows :- "From Camp : Hyderabad Appikatla Joseph, Dated 8th September, 1966. M.L.C., Vijayawada To The Secretary to Government, Panchayat Raj Department, Government of Andhra Pradesh, Hyderabad. Respected Sir, I request yout to kindly allot me as a member in Zilla Parishad, Nellore. The Secretary, Zilla Parishad, Nellore y be instructed to furnish me the agenda and other papers, as I have opted to Zilla Parishad, Nellore. Thanking you, Sir, Yours Sincerely, (Sd.) A. Joseph." Copy to Secretary, Zillaparishad, Nellore.

(3.) This letter, it will be noted does not say that Sri Joseph has changed his residence to Nellore. In fact, even in this letter he gives his address as at Vijayawada. In reply to this the Government expressly drew the attention of Sri Joseph to the Second Proviso to section 36 (3) (iv) of the Panchayat Si mithis and Zilla Parishad Act of 1959 and informed him that he was entitled to be a member of the Zilla Parishad of the District in which he was registered as a Voter. Sri Joseph was asked to furnish particulars regarding his registration as a Voter. Sri Joseph, on 21st October, 1966, wrot to the Government stating that he had requested the Tahsildar Nellore to enrol him as a voter in Nellore Town and that he may therefore be allotted to the Zilla Parishad of Nellore. This letter is as follows :- "A. Joseph, M.L.C... Vijayawada-1, 21-10-66. To The Secretary, Panchayat Raj, Government of A.P., Hyderabad. Sir, I am a voter in the Vijayawada City and I was elected through the Assembly Constituency to the Legislative Council. I wish to have my membership as a M.L.C. in the Z.P. Nellore. The same point I have written to you in a proforma ; I have also requested the Tehsildar, Nellor; to enroll me as a voter in Nellore Town, but 1 have not received any reply from you or from the Secretary, Z.P. Nelloie. As per the rules please permit me to be as a member of the Nellore Z.P. as M.L.C., Awaiting for your kind reply. Thanking you, Yours sincerely, (Sd.) A. Joseph, 21-10-66."