The Hindu : Writ plea questioning provisions of Panchayat Raj Act dismissed

Online edition of India's National Newspaper
Friday, Jan 30, 2004

Andhra Pradesh

Andhra Pradesh

Writ plea questioning provisions of Panchayat Raj Act dismissed

By Our Legal Correspondent

HYDERABAD, JAN. 29. A writ petition filed questioning the various provisions of the Andhra Pradesh Panchayat Raj Act, as not in conformity with the 73rd Constitutional amendment has been dismissed by the larger bench of the State High Court comprising five judges on Thursday. Justice G. Raghuram differed with the other four judges stating that various provisions of the Act were unconstitutional. It may be recalled that Chanda Lingaiah Dora, chairman Zilla Parishad, Khammam district, and several others filed the writ petition challenging the provisions of the Panchayat Raj Act. Their contention was that the 73rd amendment to the Constitution was brought in to give full-fledged powers to the Panchayat Raj in conformity with Gram Swaraj, (Mahatma Gandhi's dream), but the Act does not give these powers. The Attorney-General of India was requested to assist the Court.

The larger bench comprising -- Chief Justice Devinder Gupta, Justice Motilal B. Naik, Justice Sudershan Reddy, Justice Raghuram and Justice P. S. Narayana -- heard the case and delivered the judgement on Thursday. Except for Justice Raghuram, all the others felt that "We are not concerned with wisdom or no wisdom, justice or injustice of the law."

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