*THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY + 25147 OF 2005, 25771 OF 2005 AND 25772 OF 2005 % 16-02-2006 Between: W.P.No. 25147 OF 2005 #P.V.V. Prasad and Others …Petitioners A N D $The Government of Andhra Pradesh, Rep. By its Secretary, Municipal Administration & Urban Development ( Ele. II) Department, Secretariat, Hyderabad and Others …. Respondents W.P.No. 25771 OF 2005 #Kaki Savitramma …Petitioner A N D $The Government of Andhra Pradesh, Rep. By its Secretary, Municipal Administration & Urban Development ( Ele. II) Department, Secretariat, Hyderabad and Others …Respondents W.P.No. 25772 OF 2005 #B.Sanyasi Rao …Petitioner A N D $The Government of Andhra Pradesh, Rep. By its Secretary, Municipal Administration & Urban Development ( Ele. II) Department, Secretariat, Hyderabad and Others …Respondents Counsel for the Petitioners: S.RAMACHANDRA RAO & SMT. D.PRASANNA KUMARI Counsel for the Respondents : G.P. FOR MUNICIPAL ADMINISTRATION & G.P. FOR PANCHAYATH RAJ. > Head Note : ? CITATIONS : AIR 1977 SC 2328 2 AIR 1982 SC 149 3 AIR 1991 Supreme Court 101 4 1998 (6) ALD 512 5 (1989)3 Supreme Court Cases 396 6 AIR 1982 ANDHRA PRADESH 123 7 (2002) 10 Supreme Court Cases 565 8 (1989) 3 SCC 396 9 (1987) 2 SCC 510 10 AIR 1982 AP 123 THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.Nos.25147, 25771 and 25772 OF 2005 16th February, 2006 Between: W.P.No. 25147 OF 2005 P.V.V. Prasad and Others …Petitioners A N D The Government of Andhra Pradesh, Rep. By its Secretary, Municipal Administration & Urban Development ( Ele. II) Department, Secretariat, Hyderabad and Others …. Respondents W.P.No. 25771 OF 2005 Kaki Savitramma …Petitioner A N D The Government of Andhra Pradesh, Rep. By its Secretary, Municipal Administration & Urban Development ( Ele. II) Department, Secretariat, Hyderabad and Others …Respondents W.P.No. 25772 OF 2005 B.Sanyasi Rao …Petitioner A N D The Government of Andhra Pradesh, Rep. By its Secretary, Municipal Administration & Urban Development ( Ele. II) Department, Secretariat, Hyderabad and Others …Respondents THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.No. 25147, 25771 and 25772 OF 2005 C O M M O N O R D E R : 1. These three writ petitions are filed by the petitioners who are Sarpanchs of Gram Panchayats namely Adivivaram Gram Panchayat, Pendurthi Gram Panchayat, Purushothapuram Gram Panchayat, Pulaganipalem Gram Panchayat, Lakshmipuram Gram Panchayath, Porlupalem Gram Panchayat, Narava Gram Panchayat, Sathiwanipalem Gram Panchayat, Gudlavanipalem Gram Panchayat, Bakkannapalem Gram Panchayat, Yellapuvanipalem Gram Panchayat, Paradesipalem Gram Panchayat, Kommadhi Gram Panchayat, Madhuravada GramPanchayat, China Mushidivada Gram Panchayat, Palavalasa Gram Panchayat and Devada Gram Panchayat assailing the action of the government in merging their areas in Visakhapatnam Municipal Corporation for formation of Greater Visakhapatnam Municipal Corporation. 2. The case of the petitioners as disclosed in the affidavits filed in support of the writ petitions, in brief, is as follows:- The petitioners in these writ petitions are directly elected as Sarpanches of Pendurthi Gram Panchayat, Purushothapuram Gram Panchayat, Pulaganipalem Gram Panchayat, Lakshmipuram Gram Panchayat, Porlupalem Gram Panchayat, Narava Gram Panchayat, Sathiwanipalem Gram Panchayat, Gudlavanipalem Gram Panchayat, Bakkannapalem Gram Panchayat, Yellapuvanipalem Gram Panchayat, Paradesipalem Gram Panchayat, Kommadhi Gram Panchayat, Madhuravada Gram Panchayat, China Mushidivada Gram Panchayat, Palavalasa Gram Panchayat and Devada Gram Panchayat respectively in the elections held in the month of August, 2001 and they assumed the office. 32 Gram Panchayats are sought to be merged with Visakhapatnam Municipal Corporation (for short VMC) for formation of Greater Visakhapatnam Municipal Corporation (for short GVMC). The tenure of the Sarpanches of the above Gram Panchayats is five years and they are entitled to hold office by virtue of the Constitutional command contained in Article 243-E till 15- 8-2006. As far as Gajuwaka Municipality is concerned, the term of the elected Municipal Councilors was already over by March, 2005 and it is now headed by a Special Officer. No election to Gajuwaka Municipality has been conducted even after the expiry of the term of the elected body in March, 2005. The Constitution mandates that elections should be held before the term of the elected bodies is expired. The term of the elected bodies of the VMC had also expired by March, 2005 and it is under the control of the Special Officer. Neither Gajuwaka Municipality nor the Visakapatnam Municipal Corporation is no longer considered to represent the democratic view of the people, since the peoples representatives term of five years for which they are elected had expired by March, 2005. The proposal of the government for inclusion of 32 Gram Panchayats has been opposed by 23 Gram Panchayats, which have unanimously resolved opposing merger of their areas in VMC for formation of GVMC and whereas 9 Gram Panchayats, dominated by the ruling party, have favoured the move of the Government. Article 243-E assured the period of five years unless so sooner dissolved under any law for the time being in force. The only power to dissolve the Gram Panchayat is contained in Section 250 of the A.P. Panchayat Raj Act, 1994 and the power conferred on the Government to dissolve such Panchayat is only for misconduct i.e. not competent to perform its functions or has failed to exercise its powers and perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act, or any other law for the time being in force. There is no other situation in the A.P. Gram Panchayat Act, 1994, where five years term assured in the Constitution by Article 243-E can be reduced. There is no provision for dissolution of Gram Panchayat for the purpose of merging its area with a Municipality or a Corporation. There is no provision in A.P. Panchayat Raj Act, 1994 enabling the Government to dissolve the Panchayats for merging its area with higher tier like Municipality or Corporation. Section 3(1) of the Visakhapatnam Municipal Corporation Act, 1979 empowers the Government only to alter the limits of the city by including other areas after consultation with the Corporation. The said provision has nothing to do with the dissolution of the elected Panchayats before expiry of their term. Article 243-D defines “Panchayat” as an institution of self Government constituted under Article 243-B. Sub-Section 1 of Section 3 of Visakhapatnam Municipal Corporation Act, 1979 empowers only to alter the limits of the city but it does not enable the dissolution or abolition of an elected Panchayat for the purpose of including it in an enlarged body. There is no provision for the dissolution of the Panchayat for the purpose of inclusion in either Municipality or a Municipal Corporation. The provisions relied upon and used by the Government are traceable and confined to the expansion or contraction and enlargement of the territorial limits only. The attempt of the Government abolishing 32 Gram Panchayats in the name of merging their areas with a larger body called Greater Visakhapatnam Municipal Corporation, without there being a proper dissolution, is totally unsustainable, unconstitutional, inoperative and is void ab-initio. After issuing the Government Order impugned in these writ petitions, the officials of Visakhapatnam Municipal Corporation took away all the records by force despite protest from the writ petitioners and thus Special Officers are appointed to take charge of the records and to administer the villages for which the petitioners were duly elected. 3. Government of Andhra Pradesh represented by its Secretary, Municipal Administration and Urban Development (Ele.II) Department, Secretariat, Hyderabad- 1st respondent, the District Collector, Visakhapatnam-3rd respondent and District Panchayat Officer, Visakhapatnam-4th respondent in W.P.No. 25147 of 2005 resisted the writ petitions by filing counter affidavit. One Sista Viswanath Rao has sworn to the counter affidavit. It is stated in the counter affidavit that Visakapatnam is the second largest urban agglomeration both in terms of population and area in the State of Andhra Pradesh with a population of 13.29 lakhs as per 2001 census and an area of 111 sq. km. The large-scale expansion of Visakhapatnam and its suburbs began since 1970’s with the setting up of Visakahapatnam Steel Plant at Gajuwaka and also in view of the townships development undertaken by Vishakhapatnam Urban Development Authority. The Government keeping in view the growth of Visakhapatnam and its population and various other factors proposed to expand the area of Visakapatnam Municipal Corporation limits by merging Gajuwaka Municipality and 32 surrounding Gram Panchayats with Visakhapatnam Municipal Corporation with a view to facilitate and improve high standard of civic services, and better civic administration mechanism ensuring better planning and development of the city with more equitable devolution of finances and utilization of resources, ensuring uniform enforcement and to make the city internationally competitive with world class infrastructure and services. The Government proposed to merge 32 Gram Panchayats in VMC. The Gram Panchayats proposed to be merged with the Municipal Corporation of Visakhapatnam are as follows: 1. Madhurawada 2. Pardesipalem 3. Kommadi 4. Bakkanapalem 5. P.M. Palem 6. Yendada 7. Gudlavanipalem 8. Adivivaram 9. Yellapuvanipalem 10. Vepagunta 11. Purushottapuram 12. Chinna Mushidiwada 13. Pulagalipalem 14. Pendhurthi 15. Lakshmipuram 16. Porlupalem 17. Narava 18. Sathivanipalem 19. Nangi Narapadu 20. Vedulla Narava 21. Gangavaram 22. E.marripalem 23. Mantripalem 24. Lankelapalem 25. Desapatrunipalem 26. Duvvada 27. Aganampudi 28. K.T.Naidupalem 29. Devada 30. palavalasam 31. Chinnipalem 32. Appikonda 4. It is further stated in the counter affidavit that a notice was issued vide G.O.Ms.No. 694, dated 18-7-2005 by exercising powers conferred under Section 3(1) of Visakahapatnam Municipal Corporation Act, 1979 requesting the Commissioner, Visakahapatnam Municipal Corporation to place the matter before the Council and obtain the views/objections/ suggestions, if any, on the proposal and communicate the same to the Government within a period of 15 days from the date of receipt of the said G.O. Similarly the Government vide G.O.Ms. No. 695, dated 18-7-2005 issued a draft notification declaring the intention of the Government to elicit suggestions from the public for inclusion of areas contiguous to Visakhapatnam Municipal Corporation in the limits of Visakhapatnam Municipal Corporation. The Government vide Memo No. 11305/Pts. IV/ A1/2005-1, dated 22-7-2005 requested the Collector, Visakahpatnam District to obtain views of the Gram Panchayats proposed to be merged with the Visakahapatnam Municipal Corporation. Out of 32 Gram Panchayats, 23 Gram Panchayats have opposed inclusion of their areas in the limits of Municipal Corporation of Visakhapatnam. Therefore, the Government vide Memo No. 11305/Pts. IV/A1/2005-2, dated 31-8-2005 have issued a show cause notice to 23 Gram Panchayats calling upon them to explain as to why the resolutions passed by them opposing their inclusion into the limits of Visakahpatnam Corporation should not be cancelled. The Government after careful examination of the explanations of 23 Gram Panchayats found that most of the objections are mere apprehensions and without any basis. Therefore, the Government in exercise of the powers conferred under Section 246(1) of the Andhra Pradesh Gram Panchayat Act, 1994 has cancelled the resolutions passed by them. Accordingly, a notification has been issued vide G.O.Ms. No. 378 P.R. & R.D. (Pts. IV) Department, dated 21-11- 2005 canceling the said resolutions. In exercise of power conferred under clause (f) of sub-section (2) of Section 3 of Andhra Pradesh Panchayat Raj Act, 1994 ( Act 13 of 1994), the Government have issued orders vide G.O.Ms. No.379 P.R. & R.D. (Pts.IV) Department, dated 21-11-2005 canceling the notifications in which the 32 Gram Panchayats were declared as villages and Gram Panchayats with immediate effect so as to include their areas in the Visakhapatnam Municipal Corporation. The Government issued G.O.Ms.No.937 M.A. & U.D. Department, dated 21-11-2005 by abolishing the Gajuwaka Municipality in exercise of the powers conferred under sub-section 1 of Section 3(a) of A.P. Municipalities Act, 1965 for merging the same into Greater Visakahapatnam Municipal Corporation. G.O.Ms.No. 938 M.A. & U.D. Department, dated 21-11-2005 came to be issued merging Gajuwaka Municipality and 32 Gram Panchayats into the limits of Visakahaptnam Municipal Corporation. Section 3 of the Municipal Corporation Act, 1979 empowers the Government to alter the limits of the city by including several areas after consultation with the Visakhapatnam Municipal Corporation. Accordingly, the Government has issued notice through G.O.Ms. Nos. 694 and 695 M.A. dated 18-7-2005 declaring its intention to merge the Gajuwaka Municipality and surrounding 32 Gram Panchayats in the limits of Visakahapatnam Municipal Corporation and calling for objections from the Council of Visakhapatnam Municipal Corporation and from general public. The proposed action of the State Government for expansion of Visakhapatnam Municipal Corporation limits is well within the scheme provided under 73rd and 74th Constitutional Amendments. Under Section 9(2) of the Visakhapatnam Municipal Corporation Act, 1979 and Section 62-A of A.P. Municipalities Act, 1965, the Special Officers are vested with the power of the Council and therefore, their decision cannot be said as an empty formality. Passing of resolution opposing creation of Greater Visakhapatnam Municipal Corporation in any way would not prevent the State Government from taking appropriate decision in the larger interest of Visakhapatnam city and its neighbouring Gram Panchayats/ Municipalities. Section 3 of the Andhra Pradesh Panchayat Raj Act, 1994 empowers the Government to declare any revenue village or hamlet thereof or any part of a Mandal to be a village by issuing a notification and so also under Section 3(2) (f) of A.P.Panchayat Raj Act, 1994 the Government is empowered to cancel a notification issued under sub-section (1) of Section 3. The State Government has issued a Notification by exercising the power available under Section 3(2) (f) canceling the notifications under which 32 Gram Panchayats have been constituted earlier. The said power has nothing to do with the term of Panchayats under Article 243-E of the Constitution of India. Since Gram Panchayats have been de-notified, the petitioners cannot take shelter under Article 243-E. The petitioners cannot take shelter under Section 250 of A.P. Panchayat Raj Act, 1994 also since the said provision is no longer available when once the Gram Panchayat itself ceases to exist pursuant to de-notification issued by the Government. Since the resolutions passed by the Gram Panchayats to which the petitioners are concerned came to be cancelled by the Government in accordance with law, they cannot question the action of the Government. Since the Gram Panchayats for which the petitioners are concerned ceased to exist, the question of their holding the position as Sarpanches is misconceived. 5. Heard Sri S.Ramchander Rao, learned Senior Counsel and Smt.D.Prasanna Kumari, learned counsel appearing for petitioners and learned Special Government Pleader appearing for the respondents. 6. The facts of the case be summarized before dwelling deep on the respective contentions of the parties. The District Collector, Vishakhapatnam submitted proposals to the Government for constitution of Visakhapatnam Municipal Corporation as Greater Visakhapatnam Municipal Corporation by merging Gajuwaka Municipality and 32 surrounding Panchayats in the VMC. The Government of Andhra Pradesh issued draft notification duly declaring its intention vide G.O.Ms.No.695 Municipal Administration & Urban Development (ELE-II) Department, dated 18-7-2005. The notification appended to G.O.Ms.No.695 Municipal Administration & Urban Development (ELE- II) Department dated 18-7-2005 reads as follows: “ Visakhapatnam is the second largest city in the State of Andhra Pradesh, a sprawling industrial city and one of the fast emerging metropolises. The largescale expansion of Visakhapatnam and its suburbs began since 1970 with the setting up of the Visakhapatnam Steel Plant at Gajuwaka and the townships development undertaken by Visakhapatnam Urban Development Authority. The trend of population expansion and growth is more pronounced along the National Highway-5, viz., towards Gajuwaka on the west and Madhurwada on the East. With the establishment of various industries, Gangavaram Port and SEZ towards the west of Visakhapatnam the urban spread of Visakhapatnam is increasing in a linear pattern. The rapid pace of development and growth in and around Visakhapatnam Municipal Corporation and Gajuwaka Municipality are posing severe strain on the physical infrastructure facilities and services and creating problem of effective management and administration in view of multiplicity of local bodies. Hence, considering all the above, and with a view (i) to provide better civic services; (ii) better administrative mechanism; (iii) ensure better planning and focused development in and around Visakhapatnam; (iv) more equitable devolution of finances and utilization of resources; (v) ensure uniform enforcement; and (vi) to make the Visakhapatnam and its suburbs internationally competitive with world class infrastructure and services, the Government have provisionally decided to expand the limits of Visakhapatnam Municipal Corporation by merging Gajuwaka Municipality and surrounding 32 Gram Panchayats located around Visakhapatnam Municipal Corporation. Hence, it is proposed to include the Gajuwaka Municipality and 32 Gram Panchayats located around the Visakhapatnam in the limits of Visakhapatnam Municipal Corporation. The details are as follows: Municipality Gajuwaka Gram Panchayats 1. Madhurawada 2. Pardesipalem 3. Kommadi 4. Bakkanapalem 5. P.M. Palem 6. Yendada 7. Gudlavanipalem 8. Adivivaram 9. Yellapuvanipalem 10. Vepagunta 11. Purushottapuram 12. Chinna Mushidiwada 13. Pulagalipalem 14. Pendhurthi 15. Lakshmipuram 16. Porlupalem 17. Narava 18. Sathivanipalem 19. Nangi Narapadu 20. Vedulla Narava 21. Gangavaram 22. E.marripalem 23. Mantripalem 24. Lankelapalem 25. Desapatrunipalem 26. Duvvada 27. Aganampudi 28. K.T.Naidupalem 29. Devada 30. palavalasam 31. Chinnipalem 32. Appikonda Notice is hereby given as required under the second proviso to sub- section (1) of section 3 of the Visakhapatnam Municipal Corporation Act 1979 that the above proposal will be taken with consideration by the Government after the expiry of the period of thirty days from the date of publication of this notification in the Andhra Pradesh Gazette and any objections or suggestions which may be received from any person with respect thereto before the expiry of the aforesaid period will be considered by the Government of Andhra Pradesh. Objections or suggestions should be addressed to the Secretary to Government, Municipal Administration and Urban Development Department, A.P., Secretariat, Hyderabad.” The Government issued memo No.11305/Pts.IV/A1/ 2005-1, dated 22.7.2005 requesting the District Collector, Visakhapatnam to obtain and furnish views of 32 Gram Panchayats and their merger with VMC for constitution of GVMC in the form of resolutions to the Government. The District Collector in turn issued urgent memo to 32 Gram Panchayats to convene urgent meeting to discuss the views of the Gram Panchayats and submit their reports in the form of resolutions. Of the 32 Gram Panchayats, 23 Gram Panchayats opposed for inclusion of their areas in VMC. The Government after considering the resolutions of the Gram Panchayats issued show cause notices under Memo.No.113-5/Pts.IV/A1/2005-2, dated 31.8.2005 calling upon as to why the resolutions opposing their merger with VMC for constitution of GVMC cannot be cancelled. The relevant portion of the memo reads as follows: “ In the reference first cited, the District Collector, Visakhapatnam has sent a proposal for inclusion of 32 Gram Panchayats into the limits of Visakhapatnam Municipalm Corporation for constituting VMC as greater VMC. In the reference 2nd cited, the District Collector, Visakhapatnam has forwarded the resolutions of the 32 Gram Panchayats. It is sent hat out of 32 Gram Panchayats, 23 Gram Panchayats passed resolutions opposing their merger into the limits of Visakhapatnam Muncipal Corporation for constituting VMC as greater VMC. Government after careful examination of the proposal of the District Collector, Visakhapatnam have provisionally decided to merge the 32 surrounding Gram Panchayats into the limits of Visakhapatnam Municipal Corporation for constituting VMC as greater VMC. Government therefore direct the following 23 Gram panchyayats of Visakhapatnam District which have passed resolutions in the references 3rd to 25th cited opposing their merger with the limits of Visakhapatnam Municipal Corporation for constitution of Greater Visakhapatnam Municipal Corporation to show cause as to why the resolutions passed by them cannot be cancelled, within (10) days to Government. If no reply is received within the stipulated time, it will be presumed that the Gram Panchayats have no objections to make and action will be taken as proposed in para (3) above.” All the 23 Gram Panchayats submitted their explanations in the form of resolutions opposing merger of their areas with VMC for constituting GVMC. The resolutions passed by 23 Gram Panchayats came to be forwarded to the Government through the District Collector, Visakhapatnam. The Government in exercise of powers conferred u/s 246 (1) of A.P.Gram Panchayat Act, 1994 cancelled the resolutions passed by 23 Gram Panchayats of Vishakhapatnam under G.O.Ms.No.378, dated 21.11.2005. The relevant portion of the Government Order reads as follows: “ 1. In the reference first read above, the District Collector, Visakhapatnam has sent proposal for inclusion the area covered under thirty two (32) surrounding Gram Panchayats of Visakhapatnam District into the limits of Municipal Corporation of Visakhapatnam. 2. The District Collector (PW), Visakhapatnam through his letter second read above, has forwarded the resolutions of 32 Gram Panchayats of Visakhapatnam District. It is seen that out of the 32 Gram Panchayats, 23 Gram Panchayats have opposed their inclusion into the limits of Municipal Corporation of Visakhapatnam. 3. In the reference third read above, Government have issued show cause notices to the following 23 Gram Panchayats requesting them to explain as to why the resolutions passed by them opposing their inclusion into the limits of Visakhapatnam Corporation should not be cancelled : i.e. 1) Narava Gr.Pt. 2) lakshmipuram Gr.Pt. 3) Adivivaram Gr.Pt. 4) Pendurthi Gr.Pt. 5) Gudlavanipalem Gr.Pt. 6) Yellapuvanpalem Gr.Pt. 7) Porupalem Gr.Pt. 8) Sathivanipalem Gr.Pt. 9) Nanginarapadu Gr.Pt. 10) Edurulanarva Gr.Pt. 11) Gangavaram Gr.Pt. 12) E.marripalem, Gr.Pt., 13) Mantripalem Gr.Pt. 14) Lankalapalem Gr.Pt. 15) Desapatrunipalem Gr.Pt. 16) Duvvada Gr.Pt. 17) Agnampudi Gr.Pt. 19) Chinapalem Gr.Pt. 19) Kadithinaidupalem Gr.Pt. 20) Palavalasa Gr.pt. 21) Vepagunta Gr.Pt. 22) Devada Gr.pt. 23) Appikonda Gr.Pt. 4. In the reference fourth read above, the District Collector (PW), Visakhapatnam has sent the resolutions passed by the 23 Gram Panchayats in reply to the show cause notices issued to them in which all the 23 Gram Panchayats have opposed their inclusion into the limits of Municipal Corporation of Visakhapatnam. 5. Government have carefully examined the explanations of the 23 Gram Panchayats noted in para 3 above given in the form of resolutions and found that most of the objections are mere apprehensions without any basis, that in respect of certain objections, no reasons/justification are given, and that there is no substance in any of the objections put forth by the said Gram Panchayats. Since the decision to include the above Gram Panchayats into the limits of Municipal Corporation of Visakhapatnam in the larger interests of the people of the area keeping in view of its over all development and the urgent need to improve provision of services to the public, the Government have felt that the objections raised by the said Gram Panchayats have no force and do not deserve consideration. 6. Therefore, the Government in exercise of the powers conferred under section 246(1) of the Andhra Pradesh Panchayat Raj Act, 1994 have decided to cancel the following resolutions passed by the following 23 Gram Panchayats of Visakhapatnam District.” The Government issued G.O.Ms.No.379, dated 21.11.2005 canceling all the 32 Gram Panchayats under clause (f) of sub-section (2) of Sec.3 of A.P.Panchayat Raj Act, 1994 (Act 13 of 1994). Paragraphs 4, 5 and 6 of the said notification read as follows: “ 4. In the reference fourth read above, the District Collector (PW), Visakhapatnam has sent the aforesaid resolutions passed by the (Twenty three) 23 Gram Panchayats in reply to the show cause notices issued to them in which all the 23 Gram Panchayats opposed their inclusion into the limits of Municipal Corporation of Visakhapatnam. 5. Government, after carefully examining the objections raised by the 23 Gram Panchayats enlisted in para 3 above have cancelled the resolutions passed by them. Accordingly, a notification has been issued in the reference 5th read above canceling the said resolutions. 6. In furtherance of the orders issued in the reference 5th read above, Government hereby decide to cancel the notifications in which the thirty two (32) surrounding Gram Panchayats of Vishakhapatnam city were declared as villages and Gram Panchayats and include them into the limits of VMC.” Thereafter, the Government issued G.O.Ms.No.938, dated 21.11.2005 constituting VMC as GVMC by merging 32 Gram Panchayats and Gajuwaka Municipality. 7. W.P.No.25147 of 2005 is filed by 15 Sarpanches of Gram Panchayats challenging G.O.Ms.No.938, dated 21.11.2005. W.P.Nos.25771 and 25772 of 2005 have been filed by the Sarpanchs of Palavalasa and Devada Gram Panchayats challenging G.O.Ms.No.378, dated 21.11.2005. Challenge in these three