VIJAYAWADA: The Andhra Pradesh High Court on Thursday directed the State government and the State Election Commission (SEC) to initiate the process for conducting elections to gram panchayats and urban local bodies at the earliest, and in any case within six weeks.
A division bench, comprising Chief Justice Lisa Gill and Justice Challa Gunaranjan, stated that the government and the SEC had a constitutional obligation to conduct local body elections within the prescribed period. The bench noted that the terms of the urban local bodies and gram panchayats in the State ended in March and April this year.
The court struck down Government Order 105 issued by the Panchayat Raj Department on August 20, and GO 1065 issued by the Municipal Administration Department on August 19, providing 34% reservation for Backward Classes (BCs) in local bodies. It observed that the combined reservations for SCs, STs and BCs exceeded the 50% ceiling with the 34% BC quota, contrary to the principles laid down by the Supreme Court.
The bench directed the government to complete the BC census, and collect data on the socio-economic and political status of the communities in accordance with the Supreme Court’s ruling in the Vikas Kishanrao Gawali case. It further directed the government to reconsider reservations exceeding 50% in accordance with the judgment in the Janhit Abhiyan case.
SIR no impediment for conducting local polls: HC
The court dismissed a PIL filed by Andhra Pradesh BC Association State president Kesana Shankara Rao, seeking directions to the government not to proceed with local body elections until the BC census was completed, and reservations were determined accordingly.
During the hearing, counsel for the petitioner questioned the validity of the GO appointing a one-member Dedicated Commission headed by retired IAS officer Rajiv Ranjan Mishra to study the status of BCs.
The court also dismissed a PIL seeking sub-classification of BCs for determining reservation in sarpanch elections, observing that there was no statutory basis to issue such directions to the government.
On the other hand, petitions seeking continuation of former sarpanches and chairpersons in the administration of gram panchayats and urban local bodies after the expiry of their terms were also dismissed. The bench held that elected representatives had no right to continue in office after the expiry of their constitutional tenure, and upheld the appointment of special officers for day-to-day administration.
On electoral rolls, the High Court held that the Special Intensive Revision (SIR) being undertaken by the Election Commission of India would not constitute an impediment to conducting local body elections. It said the SIR would not affect the electoral rolls in force as on January 1, 2026, and elections could not be deferred on that ground.
The bench upheld the SEC’s decision to use the Assembly electoral rolls available as on January 1, 2026, as the basis for conducting local body elections. However, it directed the SEC to follow Section 11 of the Panchayat Raj Act and Section 12 of the Municipal Corporation Act while publishing final ward-wise electoral rolls.
The court also dismissed appeals challenging a single judge’s refusal to interfere with the ward delimitation. It held that the State government had the authority to undertake ward delimitation.
The bench observed that the Census Act, 1948, and the Census Rules, 1990, do not prevent the State from carrying out ward delimitation within existing municipal and municipal corporation limits. It said the Census Commissioner’s August 13, 2025 circular freezing administrative unit boundaries did not bar the delimitation of wards within existing urban local bodies.
The court also dismissed challenges to the AP Municipalities (Amendment) Act, 2021 (Act 5 of 2021), under which several villages in Srikakulam, East and West Godavari, Krishna, Guntur, Prakasam and Nellore districts were merged with nearby municipalities and municipal corporations.
The petitions were filed by advocates Thandava Yogesh and P Venkata Narasimha Sharma challenging the GOs on 34% BC reservation. Another PIL sought directions for elections to 13,325 gram panchayats and 123 urban local bodies.
The YSRCP, through its State general secretary Lella Appi Reddy, had sought directions to conduct local body elections only after completion of the SIR, and publication of the final electoral rolls.
The division bench, which reserved the judgment after completing the final hearing recently, pronounced it on Thursday.