KAMALA COLLEGE Vs. STATE OF A.P.

JUDGEMENT

(1.) One Sri K. Kondurupati Ravi Prasada Rao, filed this petition under Article 226 of the Constitution of India, as pro bono publico, claiming to be a social worker ex-Municipal Councillor of Eluru Municipality, West Godavari District, seeking issuance of writ of mandamus to declare the action of the respondent Nos. 1 to 6 in making preparations to conduct elections to Eluru Muncipal Corporation alone without including the seven vicinity Gram Panchayats (Respondent Nos. 8 to 14), as evidenced by G.O.Ms.No.175 MA &UD (G2) Department dated 17.05.2019, Municipal Administration Department, despite the pendency of the proposal for merger of seven vicinity Gram Panchayats (Respondent Nos. 8 to 14) submitted by the respondent No.5/District Collector, West Godavari vide letter dated 29.09.2017 in ROC No.645/2016/G1 to respondent No.3 is pending for consideration with the government as arbitrary, illegal and violative of Articles 243Q(c), 243R, 243S, 243Z(a) of Constitution of India and consequently direct respondent Nos. 1 to 6 to postpone/defer the proposed elections to Eluru Municipal Corporation till the process of merging of seven vicinity Gram Panchayats (Respondent Nos. 8 to 14) in Eluru Municipal Corporation is completed.

(2.) It is alleged that, the District Collector, West Godavari District, Eluru/Respondent No.5 addressed a letter to Director of Municipal Administration, Government of A.P/Respondent No.3 vide ROC No.645/216/G1 dated 29.09.2017, with a proposal for merging 10 vicinity gram panchayts surrounding Eluru Municipal Corporation, basing on the minutes of meeting held on 27.09.2017, as merger of seven vicinity Gram Panchayats (Respondent Nos. 8 to 14) in Eluru Municipal Corporation is in the larger interest of the people of Eluru Municipal Corporation and also the said merger proposal of Gram Panchayats projected by the District Collector/Respondent No.5 is pending for approval with The Director of Municipal Administration/Respondent No.3 and Government of Andhra Pradesh/Respondent No.1. While the matter stood thus, Government of Andhra Pradesh issued G.O.Ms.No.1 Municipal Administration & Urban Development Department dated 01.01.2019 for constitution of Eluru Urban Development Authority (EUDA) with headquarters at Eluru. According to the said G.O, the Director of Town & Country Planning has requested the Government for the constitution of Eluru Urban Development Authority within the jurisdiction of 35 mandals covering 463 villages and 9 urban local bodies.

(3.) It is specifically contended that, Government of Andhra Pradesh issued G.O.Ms.No.9 Municipal Administration & Urban Development (UBS) Department dated 02.01.2017 identifying Eluru Municipal Corporation Limited as Smart City to develop the same under the State sponsored Smart City Scheme and in case, the elections are held during the pendency of merger proposal of seven vicinity Gram Panchayats (Respondent Nos. 8 to 14) in Eluru Municipal Corporation, those villages will loose the benefits of Smart City Development. Therefore, the petitioner being a social worker and leader along with other elderly people of Eluru and the said seven vicinity villages on three occasions in the year 2018 approached the Director of Municipal Administration, Principal Secretary of Municipal Administration, Government of Andhra Pradesh and submitted representations for expeditious completion of merger of the said seven Gram Panchayats/Respondents 8 to 14 in Eluru Municipal Corporation. Even though the said proposal for merger of 7 Gram panchayats/Respondent Nos. 8 to 14 has been pending for approval with the Director of Municipal Administration, Government of Andhra Pradesh, G.O.Ms.No.175 MA &UD (G2) Department dated 17.05.2019 came to be issued for identification of STs, SCs, Bcs and women voters in 9 Municipal Corporations, including Eluru Municipal Corporation to conduct elections to the Municipal Corporations in the immediate near future.