Andhra Pradesh High Court · 2005

This Writ Petition is filed, questioning G.O.Ms.No. 125, Municipal Administration and Urban Development (Elec.II) Department, dated 17-3-2005, including certain Gram Panchayats in Kadapa District in the Municipal Corporation of Kadapa. The above said G.O. Ms.No. 125, Municipal Administration and Urban Development (Elec.II) Department, dated 17-3-2005 is issued by the first respondent-Government, in exercise of powers under Section 3(2) of the A.P. Municipal Corporations Act, 1994, in altering the limits of urban area of Municipal Corporation of Kadapa, by including areas of erstwhile Gram Panchayats, namely, Patha Cuddapah Gram Panchayat, Akkayapalli Panchayat, Chemmumiahpeta Panchayat, Chinna Chowk Gram Panchayat and Gudur Gram Panchayat. The petitioners, who were the Sarpanches and ward members of the erstwhile Gram Panchayats, questioned the impugned G.O. mainly on the ground that they were elected in the elections held on 24-3-2002 for a term of five years; as such, before their term has come to an end, no orders can be passed to merge the Gram Panchayats, in the corporation limits.

Further, it is their case that most of the residents of Gram Panchayats are agriculturists, and, if the said Gram Panchayats are included in the Corporation limits, they will be compelled to pay higher taxes than the charges payable to the Gram Panchayats. It is stated, if the Gram Panchayats itself are providing all amenities, and, in that view of the matter, there is no need to include these villages in the Municipal Corporation of Kadapa. Smt N.Shoba, the learned Counsel appearing for the petitioners submits that in view of the constitutional provision under Article 243-E of the Constitution of India, the petitioners are entitle to continue for a period of five years, and, before expiry of the said period, the Government cannot notify to include these villages in the limits of Municipal Corporation of Kadapa. On the other hand, it is submitted by the learned Advocate General, appearing for the State, that the very Gram Panchayats were de-notified by G.O.Ms.No.

72, dated 17-3-2005; in that view of the matter, the petitioners cannot seek to continue their term for the panchayats. Further, it is submitted, in any event, they have no right as such, for continuation in the elected post for the period of five years. It is submitted that as the area covered by the Gram Panchayats, is around the Corporation limits, for better administration, the impugned orders have been issued including areas of the Gram Panchayats by altering the limits of Municipal Corporation of Kadapa. Article 243-E of the Constitution of India provides the period for duration of panchayats. As per the said provision, every panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date, appointed for its first meeting. The constitution of panchayat arises, provided there is validity notified gram panchayat. The said power for duration of panchayats is subject to the power of the Government to de-notify the gram panchayats itself, for any other valid reasons.

In the instant case, the very gram panchayats were de- notified by G.O.Ms.No. 72, dated 17-3-2005, and, in view of the same, no gram panchayat exists, so as to continue for the left over term in the constituted Panchayat for the period of five years as alleged by the petitioners. Term guaranteed under Article 243-E is subject to continuation of the Gram panchayat, but not otherwise. When the very gram panchayats are de-notified and cancelled, to fill up the gap, the impugned notification has been issued, including the area covered by erstwhile gram panchayats in the larger urban area of the Municipal Corporation of Kadapa. As pleaded by the learned Counsel for the petitioners, that taxes will go up, and, erstwhile gram panchayats were providing better amenities, are not the grounds to test the validity of the impugned notification. It is for the competent authority under the A.P.Municipal Corporations, Act, 1994 to decide whether inclusion of area of erstwhile gram panchayats into municipality is feasible and practicable, for better administration of Corporation in the larger interest.

For the foregoing reasons, I do not see any merit in this Writ Petition and, the same is accordingly dismissed. No order as to costs. 28th April, 2005. RAR/Msnr. To 1 The Secretary, Department of Municipal Administration & Urban Development, Government of Andhra Pradesh Secretariat Buildings, Hyderabad. 2 The Commissioner, Municipal Administration, Secretariat Buildings, Hyderabad 3 The District Collector, Kadapa 4 2 CCs to G.P for Municipal Administration & Urban Development, High Court Bldgs, Hyderabad (OUT) 5 2 CD copies.