Disposed

Maddula Srinivas Reddy v. The District Collector (Panchayat Wing)

Telangana HC15 Jul 2013PIL/115/2013

Case brief

AI extract

What is this about?

The High Court disposed of PILs concerning the proposed merger of Gram Panchayats with the Greater Hyderabad Municipal Corporation. While acknowledging the Government's power to merge, the Court mandated adherence to legal procedures, including obtaining views from concerned bodies. It directed that elections must be held in Gram Panchayat areas pending the final decision on merger.

What did the court decide?

State Government directed to invite views and objections from Municipal Corporation and Panchayat bodies; elections to be held in Gram Panchayat areas pending final merger decision.

Maddula Srinivas Reddy Vs The District Collector (Panchayat Wing) — Telangana HC (2013) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE MS. JUSTICE G. ROHINI

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P.I.L. Nos.134, 94, 95, 96, 97, 115, 116, 137, 150, 178 and 187 of 2013 and W.P.Nos.18660, 25816, 30221 and 32543 of 2011

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DATE: 15.07.2013

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P.I.L.No.134 of 2013 Between:

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R. Venkateshwar Goud & another

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… Petitioners

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And

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The Govt., of A.P., through its Principal Secretary, Pandhayat Raj Department, Hyderabad & others.

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… Respondents

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This Court made the following:

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THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE MS. JUSTICE G. ROHINI

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P.I.L. Nos.134, 94, 95, 96, 97, 115, 116, 137, 150, 178 and 187 of 2013 and W.P.Nos.18660, 25816, 30221 and 32543 of 2011

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COMMON ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)

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This batch of petitions have raised common grievance that without following due procedure of law, the Gram Panchayats concerned are sought to be merged with the Greater Hyderabad Municipal Corporation with an idea to deprive the people of the Gram Panchayats to participate in the ensuing panchayat elections.

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We have seen the counter affidavit of the respondents and checked up the provision of law. There is no dispute that there has been a power upon the Government to merge or de-merge any area from the area of the municipal corporation and to bring into the municipal corporation area, but the legal requirements have to be followed. From the counter affidavit, we noticed that only proposal has been sent to the Government.

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The petitioners’ contention that the merger cannot take place is not acceptable to us, as the statute empowers the Government to undertake such exercise. No Court of law can restrain any authority from exercising such power in a bona fide manner. The decision of merger cannot be called into question on any ground, as power is given. But, the method and manner of merger or de-merger has to be regulated by the provisions of law. Therefore, all the legal requirements provided for merging have to be followed by the respondent authorities, meaning thereby, the views with regard to the proposal of merger have to be obtained from the municipal corporation as well as the panchayat bodies. After taking their views, obviously, decisions

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have to be taken. Therefore, the State Government shall proceed in accordance with law inviting views and objections from all concerned. We make it clear that till a final decision on the question of merger is taken, the Gram Panchayats will remain as Gram Panchayats and will function as such. Consequently, ensuing elections have to be held in the Gram Panchayat areas and pending proposals will not stand in the way of holding elections.

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We also make it clear that the aforesaid order will not apply in case of Municipalities as well as Nagar Panchayats. With the aforesaid observations, these petitions are disposed of. No costs.

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_____________________ K.J. SENGUPTA, CJ

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______________ G. ROHINI, J

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Date: 15.07.2013 ES

Maddula Srinivas Reddy v. The District Collector (Panchayat Wing)

Case brief

What is this about?

What did the court decide?

Maddula Srinivas Reddy v. The District Collector (Panchayat Wing)

Case brief

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What the court decided

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