IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION NO : 14512 of 2006 Between: Moode Lakshma Naik ..... PETITIONER AND 1. Government of Andhra Pradesh, rep. by its Principal Secretary , Panchayat Raj & Rural Development (PTS) IV, Secretariat, Hyderabad & Others. .....RESPONDENTS The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No. 14512 OF 2006 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Petitioner, M.P.T.C. Member of Chinnabidiki of Sambepalli Mandal, Kadapa District seeks issuance of writ of Mandamus declaring the G.O.Ms.No.204, Panchayat Raj Rural Development (PTS-IV), dated 16.5.2006 in deciding to merge three Gram Panchayats namely, Sattipalli, Chinnabidiki and Adavikampalli Gram Panchayats into a single Gram Panchayat of Settipalli, as arbitrary, illegal and contrary to the earlier G.O. issued by the Government vide G.O.Ms.No.347 PR & RD (PTS-IV) Dept., dated 2.6.1995 and consequently to direct the respondents to conduct the elections to the above three Gram Panchayats independently. The petitioner questions the impugned G.O. mainly on the ground that the Gram Panchayat of Settipalli was earlier bifurcated into three Gram Panchayats vide G.O.Ms.No.347, dated 2.6.1995 as (1) Settipalli Kaspa Gram Panchayat; (2) Adavikammapalli Gram Panchayat; and (3) Chinna Bidiki Gram Panchayat, and that W.P.No.11008 of 1995 which was filed questioning the said bifurcation has been dismissed by this Court upholding the said bifurcation, and that the said order has become final. The third respondent by issuing a memo on 16.6.2006 reserved the said Gram Panchayats for B.Cs. and S.Ts. While so, the impugned G.O.Ms.No.204, Panchayat Raj Rural Development (PTS-IV), dated 16.5.2006 was issued without rescinding the earlier G.O.Ms.No.347, PR & RD (PTS-IV) Dept., dated 2.6.1995. It is further alleged that before issuing the impugned G.O., the respondents have not followed the guidelines provided in G.O.Ms.No.225, PR & RD, dated 11.4.1995 as clarified in G.O.Ms.No.232, PR & RD, dated 18.4.1995. According to the petitioner, the merger of Gram Panchayats into one Gram Panchayat by the respondents suo moto without any notice and opportunity to the residents of the said Gram Panchayats is violative of para 3 and 5 of the Rules issued in G.O.Ms.No.232, PR & RD, dated 18.4.1995. The Deputy Secretary to Government, Panchayat Raj and Rural Development filed a counter affidavit on behalf of first respondent admitting the factum of trifurcation of Settipalli Gram Panchayat into three Gram Panchayats as Settipalli, Chinnabidiki and Adavikampalli villages in the year 1995 vide G.O.Ms.No.347, dated 2.6.1995 and also the dismissal of W.P.No.11008 of 1995 by this Court on 13.12.1996 under which the trifurcation was challenged. According to this respondent, after trifurcation, no elections were conducted and the said three Gram Panchayats have been administered by the Special Officer. It is stated that the villagers of the said three Gram Panchayats wanted to merge the three Gram Panchayats into a single Gram Panchayat, and to that effect, they made a representation to the second respondent- District Collector on 15.4.2006, pursuant to which, Gram Sabhas were also conducted by the Panchayat Secretary on 25.4.2006 and 26.4.2006 after giving due notice to the said villagers on 19.4.2006 wherein it was resolved to merge the Sattipalli, Adavikamapalli and Chinnabidiki Gram Panchayats as Setipalli Gram Panchayat. The resolutions passed by the Gram Sabhas were sent to the District Panchayat Officer who in turn, sent the same to the District Collector. The District Collector through his proceedings in Roc.No.559/1995-A2(Pts) has sent the same to the first respondent. The Government after careful examination of the matter passed orders in G.O.Ms.No.4, dated 16.5.2006 merging the three Gram Panchayats of Sattipalli, Adavikamapalli and Chinnabidiki villages and constituting Sattipalli Gram Panchayat. The allegation of the petitioner that there is a distance of 10 K.Ms. from each village was denied and stated that the head quarters for the merged Gram panchayats is situated at Settipalli Village which is less than 4 K.Ms. to Adavikamipalli and 5 K.Ms. to Chinnabidiki Village. It is stated that the Election Commission has also issued election notification on 9.7.2006 to all the Gram Panchayats in the State, and that out of 14 Gram Panchayats in Sambepalli Mandal, now the election notification has been issued for 9 Gram Panchayats including Settipalli Gram Panchayat and for the remaining 5 Gram Panchayats notification has not been issued as the term of the said Gram Panchayats would expire in the month of December, 2006 and at this stage, the present writ petition is filed only to stall the elections to the Gram Panchayat of Settipalli village. The Secretary to State Election Commission-sixth respondent filed a counter affidavit contending that in exercise of powers under Article 243 (k) of Constitution of India read with Section 201 of the Andhra Pradesh Panchayat Raj Act, 1994 and sub-section (2) of Section 13 and sub-section (2) of Section 14 of the said Act, the State Election Commission issued a notification calling upon the registered voters in those Gram Panchayats whose term of office would expire within three months from the notification and those Gram Panchayats whose ordinary elections could not be conducted earlier due to any reason, to elect members and Sarpanch of their respective Gram Panchayats and also notified the election programme vide notification No.730/SEC- B2/2006, dated 9.7.2006. In pursuance of the said notification, the election process has been commenced in all the Gram Panchayats and at that stage, the above writ petition is filed only to stall the elections and therefore, the sixth respondent sought to vacate the stay granted by this Court. The only ground urged by the learned counsel for the petitioner is that earlier when Settipalli Gram Panchayat was trifurcated into three Gram Panchayats of Settipalli, Chinnabidiki and Adavikampalli villages, W.P.No.11008 of 1995 was filed and this Court upheld the said trifurcation and therefore, again merging all the said three Gram Panchayats into a single Gram Panchayat of Settipalli by issuing the impugned G.O. is arbitrary and illegal. It is also pointed out that as per guideline No.6 of the guidelines issued under G.O.Ms.No.225, PR & RD, dated 11.4.1995, the District Collectors cannot take up, either in an application or suo moto, all those Gram Panchayats having a population of less than 1,000 and situated in a Mandal Parishad territorial constituency having more than three Gram Panchayats for amalgamation with an adjoining Gram Panchayat. Further as per guideline No.5 issued in G.O.Ms.No.232 PR & RD, dated 18.4.1995, Government have to consider the bifurcation/amalgamation only on an application but not suo moto. Now, the learned Government Pleader for Panchayat Raj and Rural Development brought to our notice that the Government through G.O.Ms.No.163 PR & RD, dated 18.5.2002 rescinded both G.O.Ms.No.225, PR & RD, dated 11.4.1995 and G.O.Ms.No.232 PR & RD, dated 18.4.1995, and therefore, the guidelines pointed out by the learned counsel for the petitioner have no effect. No reply affidavit has been filed by the petitioner controverting the facts stated in the counter affidavit filed by the first respondent wherein it is clearly stated that the villagers of the three merged Gram Panchayats have made a representation on 15.4.2006 to the District Collector for merger of three Gram Panchayats into a single Gram panchayat of Settipalli, pursuant to which, Gram Sabhas were conducted and the villagers passed a resolution on 19.4.2006 accepting for the constitution of single Gram Panchayat. If that be the case, the contention of the learned counsel for the petitioner that the second respondent-District Collector suo moto cannot merge/amalgamate the three Gram Panchayats into a single Gran panchayat of Settipalli does not merit consideration. Further in view of rescinding the G.O.Ms.No.225, PR & RD, dated 11.4.1995 and G.O.Ms.No.232 PR & RD, dated 18.4.1995 through G.O.Ms.No.163 PR & RD, dated 18.5.2002, the guidelines issued under those G.Os. have no application in the process of constitution of new Gram Panchayats or bifurcation of existing Gram Panchayats. Therefore, the decision of the Government to amalgamate all the three Gram Panchayats of Settipalli, Chinnabidiki and Adavikampalli villages into a single Gram panchayat of Settipalli pursuant to the resolution passed by the villagers of those Gram Panchayats in the Gram Sabhas on 19.4.2006, cannot be interfered with at the instance of one individual against the will of all the villagers. Since no other infirmity in constitution of the Gram Panchayat has been pointed out, we see no merits in the writ petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _________________ (A. GOPAL REDDY, J.) ____________________ (SAMUDRALA GOVINDARAJULU, J.) OCTOBER 22, 2009 TSR