GOVERNMENT OF ANDHRA PRADESH

Elections- Ordinary Elections to the Cuddapah Municipality - Reservation of seats to various categories - the Municipal Council, Cudapah, District in Council Resolution No.3118, dt.5-2-2000 - Cancellation of Resolution - Orders - Issued.

Whereasin the reference read above, the District Collector, Cuddapah has stated that in pursuanceof the instructions issued by the Commissioner and Director of Municipal Administration,wards reserved for Scheduled Castes, Scheduled Tribes were selected as per norms and wardsfor reservation of Backward Classes was selected by drawing lots in the presence of therepresentatives of the recognized political parties on 02-02-2000 in respect of CuddapahMunicipality. As per rule 12 (1) of theAndhra Pradesh Municipalities (Reservation of seats in Municipal Councils and NagarPanchayats) Rules, 1995, after setting apart of reserved seats among the wards in theMunicipality and before issue of final notification, draft notification was placed by theCommissioner, Cuddapah Municipality before the Municipal Council. The Council in its resolution No.3118,dt.5-2-2000 resolved that the ward “dipping” system conducted on 02-02-2000 isnot proper, because, instead of placing 20 wards for dip excluding I ST, 3 SC, 12 BC wards, 21 wards were put up fordip, that no notice was given to council members in this regard and that the councilunanimously resolved requesting to provide reservation facility after holding opendiscussion based on caste, religion and voters strength of each ward and unanimouslyexpressed dissent about the agenda item placed before it.

Andwhereas the Collector has further stated that the resolution of the Council has beenexamined with reference to Andhra Pradesh Municipalities (Reservation of seats inMunicipal Councils and Nagar Panchayats) Rules, 1995, issued under the provisions of theAndhra Pradesh Municipalities Act, 1965 as below:-

(i) Thefirst point in the resolution that 16 wards should have been discounted out of 36 wards is found to be factually incorrectbecause ward No.15 has been now proposed forScheduled Castes and reserved earlier for Backward Classes andtherefore the total number of wards to be discounted is only 15 and so the balance 21wards have been taken for ‘dip’;

(ii) TheSecond point in the resolution that no notice was given to the council members is nottenable. As per rule 9 of the said rules,intimation of date, time and place at which a lot has to be drawn shall be given to therepresentative of recognized political parties and at district level M.L.As and M.Psconcerned only and it is reported by the Municipal Commissioner that the said provisionhas been fulfilled and there is no provision to give individual notice to the councilorsin the said rules and accordingly this point is also found to be factually incorrect;

(iii) The third point in the resolution that basedon caste and religion, total number of voters strength of wards and after discussingopenly and considering the system being such as favorable to all concerned is notsupported by the provisions of the Andhra Pradesh Municipalities (Reservation of Seats inMunicipal Councils and Nagar Panchayat ) Rules, 1995 issued under the provisions of theAndhra Pradesh Municipalities Act 1965 and is therefore neither maintainable noradmissible within the existing statutory position as per Act and Rules.

And whereas in circular No.500/2000/Elec.I, M.A.,Department, dated 20-01-2000 of the Commissioner and Director of Municipal Administration,Andhra Pradesh, Hyderabad in his capacity as “Authority Specified” under theAndhra Pradesh Municipalities (Reservation of seats in Municipal Councils and NagarPanchayats) Rules, 1995, the District Collector has been directed to issue finalnotification setting apart the reserved seats in various wards of Municipalities and publish in the Andhra Pradesh Gazette andDistrict Gazette and to send the copies of the final notification to the State ElectionCommission and other authorities as required under the rules. The Resolution No.3118 dated 5-2-2000 of theMunicipal Council, Cuddapah is not in confirmity with the provisions of the Andhra PradeshMunicipalities Act, 1965 and accordingly, theCollector, Cuddapah has suspended the resolution No.3118, dated 05-02-2000 of theMunicipal council, Cuddapah and reported to the government for cancellation of the saidresolution under section 59 of the said Act.

In the circumstances reported by the District Collector, Cuddapah. Government after careful examination of the matterhereby cancel the Council Resolution No.3118, dated 05-02-2000 of the Municipal Council,Cuddapah, under clause (i) of sub-section (1) of section 59 of the Andhra PradeshMunicipalities Act, 1965 as the said resolution is not in accordance with the provisionsof the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Municipalities(Reservation of seats in Municipal Councils and Nagar Panchayats) Rules, 1995.