Alla re Agricultural Labourers v. Panchayat Raj Dept, Secretariat, Hyderabad

This writ petition is filed for a writ of certiorari to quash endorsement, dated 29.03.2005 issued by respondent No.5. Heard Sri P.Venugopal, learned counsel for the petitioners and perused the record. The grievance of the petitioners, who are the residents of Kodada Village, Thondangi Mandal, East Godavari District respondents have not been considering their request for following the rule of reservation for the elective offices in respect of Kodada Gram Panchayat of Thondangi Mandal, East Godavari District. Their representation made for this purpose was rejected by the impugned endorsement issued by respondent No.5. It is stated in the said endorsement that out of 19 Gram Panchayats in Thondangi Mandal, elections to 18 Gram Panchayats were held and due to certain reasons, elections in respect of Kodada Gram Panchayat were not held and that if the petitioners had objections in respect of the reservations made by the respondents taking the Mandal as one unit, they ought to have raised their objections in 2001 itself. The learned counsel for the petitioners submitted that while issuing the impugned endorsement, respondent No.5 has not given proper reasons. A careful consideration of the facts of the case makes it evident that out of 19 Gram Panchayats in Thondangi Mandal, elections to 18 Gram Panchayats were held in 2001. Kodada Gram Panchayat alone was left out without elections being conducted. In issuing the impugned endorsement, respondent No.5 obviously meant that reservations were already worked out taking the Mandal as one unit and that since elections to 18 Gram Panchayats were already held, there is no possibility of considering the only Gram Panchayat for which elections were not held for the purpose of working out reservations. However, in the absence of a counter-affidavit having been filed by the respondents, I deem it appropriate to direct respondent No.5 to re-consider the representation of the petitioners and dispose of the same by passing a reasoned order in accordance with the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 before proceeding with the election process. The writ petition is accordingly, disposed of. C.V.NAGARJUNA REDDY, J 17th DECEMBER, 2008.