THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.2967 OF 2006 DATED 21ST FEBRUARY, 2011 BETWEEN D.Venkata Rao …Petitioner And The Government of A.P., Rep. by its Secretary, Panchayat Raj & Rural Development Department, Secretariat, Hyderabad and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.2967 OF 2006 ORDER: The petitioner is a resident of Diwanchervu Village in Rajanagaram Mandal of East Godavari District. His grievance in the present writ petition is with regard to the inaction on the part of the authorities in conducting elections to the Gram Panchayat of the Village. By way of an interim prayer he sought a direction to the authorities to appoint a suitable person other than a Government Servant as the Person-in-Charge for the said Gram Panchayat. The Gram Panchayat of Diwanchervu Village was sought to be bifurcated for constituting a new Gram Panchayat for Srirampuram and Raghunathapuram hamlets. This bifurcation was effected under notification in G.O.Ms.No.322 dated 27.07.1996. The same was challenged before this Court in Writ Petition No.21271 of 1996. While admitting the said writ petition, this Court granted interim suspension of the proceedings dated 16.09.1996 issued by the Collector, East Godavari District, under Section 3(2) of the Andhra Pradesh Panchayat Raj Act, 1994 (for brevity, ‘the Act of 1994’) with regard to the proposed bifurcation. The said writ petition is still pending before this Court. Owing to this fact, it appears that the authorities are not holding elections to the Gram Panchayat of Diwanchervu Village. The grievance of the petitioner is that owing to the appointment of Government Officials as Special Officers of the Gram Panchayat under Section 143(3) of the Act of 1994, the development activities and tax collection in the Village are adversely affected. Hence, the prayer of the petitioner in the alternative to either hold the elections or to appoint a suitable person from the Gram Panchayat as the Person-in- Charge. Reliance is placed on G.O.Ms.No.113, Panchayat Raj, Rural Development & Relief (PTS.II) Department, dated 04.03.1996 whereby, in exercise of powers under Section 143 of the Act of 1994, the Government authorized the District Collectors to appoint a suitable person from the Gram Panchayat concerned as the Person-in-Charge of the Gram Panchayat where the election process could not be completed due to any reason. Separately, by way of G.O.Ms.No.318, Panchayat Raj & Rural Development (Election) Department, dated 17.10.2000, taking note of the fact that the State Election Commission was not in a position to conduct and complete the election process for Gram Panchayats before 20.10.2000, the Government of Andhra Pradesh exercised powers under sub-sections (3) and (4) of Sections 143 of the Act of 1994 and authorized the District Collectors to appoint a Committee of Persons-in-Charge with the Sarpanch as the Person- in-Charge and Ward Members as Members for the administration of Gram Panchayats till the process of elections to such Gram Panchayats was completed. Thereafter, under G.O.Ms.No.250, Panchayat Raj & Rural Development (Pts.IV) Department, dated 08.08.2003, the Government of Andhra Pradesh in supersession of the orders issued in G.O.Ms.No.318 dated 17.10.2000 authorized the District Collectors to appoint an Official as a Person-in-Charge of the Gram Panchayat to which the election process could not be completed due to any reason. Pertinent to note, though G.O.Ms.No.250 dated 08.08.2003 referred to G.O.Ms.No.113 dated 04.03.1996 it was left untouched and was not superseded. It is therefore clear that G.O.Ms.No.113 dated 04.03.1996 still continues to be in operation. This is further exemplified by the proceedings dated 15.09.2004 and 29.04.2005 issued by the District Collector, Ongole, produced by the learned counsel for the petitioner, reflecting that the District Collector, Ongole, in exercise of powers under G.O.Ms.No.113 dated 04.03.1996 appointed suitable persons from the Gram Panchayats as Persons-in- Charge in those cases. In that view of the matter, when the respondent authorities are not in a position to hold the elections for Diwanchervu Gram Panchayat and the constitutional objective of grass-root administration underlying the Act of 1994 is itself put at risk, it would be just and proper for the authorities to consider the appointment of a suitable person from the Village as the Person-in-Charge of the Gram Panchayat, Diwanchervu, in accordance with the instructions issued in G.O.Ms.No.113 dated 04.03.1996. The Writ Petition is accordingly disposed of directing the District Collector (Panchayat Wing), East Godavari District, to exercise power under G.O.Ms.No.113 dated 04.03.1996 and appoint a suitable person from the village as the Person-in-Charge for the Gram Panchayat, Diwanchervu, in accordance with rules. This exercise shall be completed within two (2) months from the date of receipt of a copy of this order. No order as to costs. ____________________ SANJAY KUMAR, J. 21ST FEBRUARY, 2011. Note: Issue C.C. in three days. B/O VGSR/PGS