Gram Panchayat Merger Void If Mandatory Grama Sabha Rules Violated: Andhra Pradesh HC

Executive attempts to bypass mandatory democratic consultation at the grassroot level stand invalidated when statutory procedures governing village assemblies are flouted. Striking down government orders merging three Gram Panchayats into a municipality, the High Court affirmed that municipal expansions cannot overwrite mandatory procedural safeguards governing Gram Sabhas.

A single-judge bench of Justice Harinath.N dealt with writ petitions challenging the merger and de-notification of three Gram Panchayats Pasumarru, Ganapavaram, and Manukonduvaripalem into the Chilakaluripeta Municipality. The petitions questioned the procedural validity of government orders issued under the Andhra Pradesh Panchayat Raj Act, 1994 and the Andhra Pradesh Municipalities Act, 1965 without strictly adhering to statutory Gram Sabha meeting rules.

Court Observations and Directions

Examining the procedural lapses, the Court observed that mandatory notice periods and record-keeping requirements were disregarded by the state authorities. Assessing the evidence, the Court noted that a 48-hour prior notice via public beat of drum was not given, rendering the meetings procedurally fatal under Rule 4 of Rules Relating to Holding of meetings of the Grama Sabha.

The Court, in its reasoning, observed: "The action of the Government in considering the merger or de-merging of any area into any Municipality cannot be challenged as a matter of fundamental right when all prevailing rules and regulations are followed, and the public interest in that area is kept in mind... However, this Court can set aside GOMs.No.260 and GOMs.No.83, which were passed in violation of the relevant Rules and Laws."

The Court issued the following directions:

"Accordingly, G.O.Ms.No.83, Municipal Administration & Urban Development (G) Dept. dated 28.01.2020 and G.O.Ms.No.260, RP&RD (E&R) Dept., dated 28.01.2020 are hereby set aside, and accordingly WP.No.19692 of 2020 is allowed. Insofar as WP.No.7523 of 2026 is concerned, this Court has allowed WP.No.19692 of 2020 and the procedure adopted by the respondents for de-notifying and de-merging of the three Gram Panchayats cannot be found fault with... and accordingly, WP.No.7523 of 2026 deserves to be dismissed."

Background

The dispute originated from G.O.Ms.No.83 and G.O.Ms.No.260 issued on January 28, 2020, which proposed de-notifying and merging three Gram Panchayats Manukonduvaripalem, Pasumarru, and Ganapavaram into the Chilakaluripeta Municipality. The petitioners challenged these orders under Article 226 of the Constitution of India, 1950, contending that the authorities failed to comply with Section 3, 6, and 143 of the Andhra Pradesh Panchayat Raj Act, 1994, Section 3 of the Andhra Pradesh Municipalities Act, 1965, the AP Municipalities (Inclusion or Exclusion of Areas into/from the Jurisdiction of Municipalities/Nagara Panchayats) Rules, 2015, the Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 2007, the Rules Relating to Holding of meetings of the Grama Sabha, and the Andhra Pradesh District (Formation) Act, 1974.

The petitioners highlighted that short notices were issued such as a beat-of-drum notification on January 11, 2020, for a meeting on January 12, 2020 violating the mandatory clear two-day notice requirement under Rule 4 of Rules Relating to Holding of meetings of the Grama Sabha. Furthermore, discrepancies and interpolations were found in the vernacular meeting records compared to translated versions filed by the State. Reliance was placed on , where the High Court had previously struck down similar executive actions for non-compliance with Rule 9 of Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 2007.

While interim stay orders were initially granted in 2020, municipal elections proceeded subject to the writ outcome. Subsequently, local authorities initiated de-merger resolutions through Gram Sabhas in late 2024 and 2025 to restore Gram Panchayat status, which was separately challenged in WP No. 7523 of 2026 under the Code of Civil Procedure, 1908. Resolving both petitions together, the High Court held that the initial merger G.O.s were illegal for statutory non-compliance and set them aside while upholding the de-merger administrative process.

Case Details:
Case No.: Writ Petition Nos.19692 of 2020 and 7523 of 2026
Neutral Citation: 2026:APHC:34853
Case Title: Sri Thubati Purnachandra Rao and another v. The State of Andhra Pradesh and others
Appearances:
For the Petitioner(s): Sai Sundeep Manchikalapudi, D. Gayathri
For the Respondent(s): Venkata Reddy Gajjala (SC for ZPP, MPP, and Gram Panchayat), Sireesha Rani Vallabhaneni (SC for Municipalities), GP for Panchayat Raj Rural Dev, GP for Municipal Admn Urban Dev, Mattegunta Sudhir (Standing Counsel)

Source: 2026 CaseBase(AP) 13068