D RAMAMURTHY Vs. GOVERNMENT OF ANDHRA PRALESH

JUDGEMENT

(1.) While India lives and labours in its thousands of village its rulers live in far away cities. The three great Department of the State located as they are in these cities are neither easily accessible to this vast majority of the Indian humanity nor they are capable of looking after their local needs The Constitution therefore, ordains that the State shall take steps to organize Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as local units of self-Government (Article 40).

(2.) In an apparent attempt to fulfil this high constitutional direction, the State of Andhra Pradesh constituted the three-tier system of of local self-Government. At the bottom of this pyramid lies the Gram Panchayat and over it rests the Panchayat Samithi and Zilla Parishad. At the time of constitution and inauguration of these organs with great fanfare of publicity, it was proclaimed that these organs would not only usher-in local self-Government but also Gram Swaraj which always remained an unfulfilled dream of the Father of the Nation. Alas, for a long number of years, no elections to these organs of local self-Government were ever held' The last time the elections were held to these bodies, I am told was in the year 1970. These organs have almost fallen into desuetude. The Executive Government seized the opportunity and issued the impugned G O. Ms. No. 558 dated 18th May, 1978. It is necessary to read the said G. O., in its entirety. GOVERNMENT OF ANDHRA PRADESH ABSTRACT. Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1969 convening of monthly meetings of Sarpanches ip the respective Panchayat Samithis - Revised instructions - Issued. Panchayat Raj (Sam. II) Department G. O. Ms. No. 558 : Dated: 19th May, 1978 Read the following :- 1. Memo. No. 925/ Sam.II/76-1, dated 13th April, 1976. 2. Memo. No. 23/Sam II/77-2, dated 8th February, 1977. 3. Memo. No. 1318/Sam. II/76-2.P.R., dated 14th June, 1976. 4. G. O. Ms. No. 1189. P. R. (Sam. II) Department, dated 27th November, 1977. 5. Memo. No. 2338/Sam. II/77-1, dated 21st January, 1978. ORDER: In Government Order fourth cited orders were issued, that the monthly meetings of the Sarpanches in Panchayat Samithis should be presided over by one of the Sarpanches nominated from among themselves by majority opinion to discuss about various problems and schemes pertaining to the Panchayat Samithi and maintain the record of the proceedings of such meeting in a proper manner. The matter is futher examined by the Government and the following revised instructions are issued: In order to associate the Members of the Legislative Assembly fully with the functioning of the Panchayat Samithis, the M. L. A. who represents the largest area in the Samithis should invariably preside over the meetings of the Sarpanches of the Panchayat Samithis concerned. 2. In the case of a Panchayat Samithi which is not represented by any M. L A. or when the M. L. A. who hails from the area happens to be a Minister one of the Sarpanches of the Samithi nominated by Government should preside over the monthlymeetings of the Sarpanchas. 3. In case the M. L. A. or the Sarpanch so nominated by Government to preside over the meeting is absent for a particular meeting, any of the Sarpanch duly elected for the purpose at the meeting should preside over that particular meeting. 4. In the case of M. L. A. having jurisdiction over two or more Panchayat Samithis the Special Officers are requested to consult the M L. A. having the jurisdiction over the Panchayat Samithis, for their consent to choose only the Panchayat Samithis for presiding over the monthly meetings. 5. The Special Officers of Panchayat Samithis, should invariably consult the concerned M. L. A for fixing the time and date of the meeting of the Sarpanches. 6. The Special Officers are requested to send proposals to nominate Sarpanches as mentioned in para 2 supra. They are also requested to follow the above instructions scrupulously and acknowledge the receipt of this order. (By Order and in the name of the Governor of Andhra Pradesh).

(3.) The unmistaken intent and effect of the impugned order of the Government is to empower an M. L. A. to preside over the meetings of a Panchayat Samithis. The question squarely raised before me is whether the Government is within its powers to issue the aforesaid Government Order. To be able tc answer that question, I must notice a few provisions of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Code, 1959 (hereinafter referred to as 'the Act').