IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11684 of 2008 Between: 1 M.Shyam Sundar S/o.Samba Murthy Hindu Ward Member R/o.Papampet(V) A.Narayanapuram Gram Panchayat Anantapur(M) Anantapur District 2 Y.Chandrasekhar S/o.Y.Nagamuni Hindu R/o.3-308, Nandamurinagar,K.K.Palli Colony and Post Anantapur Rural(M) Anantapur District ..... PETITIONERS AND 1 The State Election Commission Budhabhavan,Secunderabad 2 The Commissioner & Panchayat Raj and Rural and Employment and Election in Authority,Hyderabad 3 The District Collector Anantapur,Anantapur District 4 The Commissioner,Municipal Corporation of Anantapur,Anantapur District 5 The District Panchayat Officer Anantapur District 6 The Govt of A.P Rep.by its Principal Secretary Municipal Administration and Urban Development,Secretariat Buildings Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing notification No.195/SEC-B2/2008 dt.2-6-2008 for conducting of Grampanchayat Elections of A.Narayanapuram Grampanchayat and Kakkalapally Colony Grampanchayat of Anantapur Rural(M) Anantapur District as illegal,arbitrary violative of principles of Natural justice and consequently set aside the election process initiated by the 1st respondent pursuant to the notification dt.2-6-2008 in respect of A.Narayanapuram Grampanchayat and Kukkalapally Colony Grampanchayat Anantapur Rural(M) Anantapur Dist. Counsel for the Petitioner: MR.K.SRINIVAS Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.11684 OF 2008 ORDER : The 1st petitioner herein claims to be Ex-Upa Sarpanch and Ward Member of A. Narayanapuram Gram Panchayat, whereas the 2nd petitioner is the Ward Member of Kakkalapally Colony Gram Panchayat. Both the above Gram Panchayats come within the limits of Ananthapur Rural Mandal in Ananthapur District. It is not in dispute that pursuant to the proposals made by the Government, eight Gram Panchayats were sought to be merged with Municipal Corporation of Ananthapur and accordingly proposals were submitted by the Commissioner of Ananthapur Municipal Corporation on 8.6.2006. However, nothing is finalized and the merger has not yet taken place. While so, the 1st respondent – State Election Commission - issued the impugned notification dated 2.6.2008 proposing to hold elections to A. Narayanapuram Gram Panchayat and Kakkalapally Colony Gram Panchayat since the term of the office of the members and Sarpanch of the said Gram Panchayats is about to expire. As per the election programme, the last date for filing nominations is 9.6.2008 and the polling is scheduled to be conducted on 19.6.2008. The said election notification is challenged in this writ petition contending that since the proposals for merger of the above said two Gram Panchayats with Ananthapur Municipal Corporation is pending, the 1st respondent ought not to have issued the notification proposing to conduct elections. From the facts narrated above, which are not in dispute, it is clear that though the proposals were made by the Government and certain steps were taken by passing the resolutions for merger of eight Gram Panchayats within the Ananthapur Municipal Corporation nothing has been finalized and as on today merger has not taken place. In the circumstances, the action of the 1st respondent in issuing the impugned notification for conducting elections before expiry of term of Panchayats in due compliance with the Constitutional mandate under Article 243-E of the Constitution of India cannot be found fault with and the election process cannot be interdicted. Accordingly, the Writ Petition which is devoid of any merit is hereby dismissed. No costs. ______________ G. ROHINI, J. Dt. 09.06.2008 gbs