Section 148: Constitution and incorporation of Mandal Praja Parishads

Section 148(1)

There shall be constituted by the Government by notification from time to time, and with effect on and from such date, as may be specified therein constitute a Mandal Praja Parishad for each Mandal.

Section 148(2)

Where under sub-section (2) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974), a Mandal is redelimited or a new Mandal is formed, the Government may, by notification, reconstitute the Mandal Praja Parishad for the redelimited Mandal or constitute a new Mandal Praja Parishad for the new Mandal. On such reconstitution or constitution the Mandal Praja Parishad or Mandal Praja Parishads concerned functioning immediately before such reconstitution or constitution, shall stand abolished:

Provided that in reconstituting the Mandal Praja Parishad the Government may direct that the President, the Vice-President or an elected member of the Mandal Praja Parishad which was functioning immediately before such redelimitation and who is otherwise qualified to hold such office in the reconstituted Mandal Praja Parishad shall be the President, Vice-President or elected member of the reconstituted Mandal Praja Parishad as if he was elected to such office in the reconstituted Mandal Praja Parishad.

Section 148(3)

Where after a Mandal Praja Parishad is constituted for a Mandal, a part of such Mandal is included in a neighbouring municipality or Municipal Corporation, and—

(i) in case the residuary part of the Mandal is viable for the constitution of a separate Mandal Praja Parishad, such residuary part shall be redelimited into a separate Mandal under the Andhra Pradesh Districts (Formation) Act, 1974 and a Mandal Praja Parishad shall be constituted for such newly formed Mandal, and that portion of the Mandal prior to its redelimitation which is included in the neighbouring Municipality or Municipal Corporation shall be included in an adjoining Mandal which forms part of such Municipality or Municipal Corporation; or

(ii) in case the residuary portion of the Mandal is not viable to be constituted into a separate Mandal Praja Parishad, it shall be competent for the Government—

(a) to include such residuary portion of the Mandal in the adjoining Mandal or Mandals and abolish the Mandal Praja Parishad constituted for such Mandal; or

(b) to form a new Mandal by adding to such residuary portion, areas from the adjoining Mandal or Mandals and constitute a Mandal Praja Parishad for such new Mandal:

Provided that where a Mandal Praja Parishad is constituted under clause (i) or sub-clause (b) of clause (ii), the Government may direct that the President, Vice-President or an elected member of the abolished Mandal Praja Parishad who is otherwise qualified to hold such office in the newly constituted Mandal Praja Parishad shall be the President, Vice-President or elected member of the newly constituted Mandal Praja Parishad as if he was elected to such office in the newly constituted Mandal Praja Parishad.

Explanation.— For the removal of doubts it is hereby declared that—

(i) the President, Vice-President or an elected member of the newly constituted Mandal Praja Parishad continued under this sub-section shall hold office only for the residue of the term of the President, Vice-President or an elected member of the abolished Mandal Praja Parishad:

Provided further that where a Mandal Praja Parishad is abolished under clause (a), the President, Vice-President or an elected member holding office immediately before such abolition shall, unless he is continued under the foregoing proviso, cease to hold their respective offices.

Section 148(4)

Every Mandal Praja Parishad shall, by the name of the Mandal for which it is constituted or reconstituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued.

Section 148(5)

The notification under sub-section (2) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary and the Government may, from time to time, amend any such notification.

Explained:

Section 148(1): Constitution of a Mandal Praja Parishad

Sub-section (1) empowers the State Government to constitute a Mandal Praja Parishad for each mandal through an official notification. The notification specifies the date from which the institution is to be constituted.

This provision establishes the legal basis for creating a Mandal Praja Parishad. The process is not merely an informal administrative arrangement; it must follow the statutory mechanism prescribed by the Act.

Section 148(2): Reconstitution of a Mandal

Sub-section (2) applies when a mandal is redelimited or a new mandal is formed under the Andhra Pradesh Districts (Formation) Act, 1974.

The Government may reconstitute the existing Mandal Praja Parishad or establish a new one by notification. The earlier Parishad or Parishads affected by that reorganisation stand abolished under the provision.

The proviso permits the Government to continue a President, Vice-President or elected member in the reconstituted body, provided the person remains otherwise qualified. This allows continuity in local administration while accommodating changes in territorial boundaries.

Section 148(3): Inclusion of Areas in Municipalities

Sub-section (3) addresses situations where part of a mandal becomes part of a neighbouring municipality or municipal corporation.

Under clause (i), if the remaining territory is viable for a separate Mandal Praja Parishad, it may be redelimited as a separate mandal. The relevant Parishad is then constituted for that territory.

Under clause (ii), where the remaining territory is not viable for a separate Parishad, the Government may either merge it with adjoining mandals and abolish the existing Parishad, or combine it with areas from neighbouring mandals to form a new mandal.

The proviso allows eligible representatives of an abolished Parishad to continue in the newly constituted body. However, the explanation limits such continuation to the unexpired portion of their original term. Where the Parishad is abolished without such continuation, the affected officeholders cease to hold office.

Section 148(4): Corporate Status and Legal Identity

Sub-section (4) gives every Mandal Praja Parishad a separate corporate identity. It has perpetual succession and a common seal, and it may acquire, hold and dispose of property, enter into contracts, and sue or be sued in its corporate name.

Consequently, the Parishad’s legal existence is distinct from the individual representatives who constitute it. Changes in membership do not, by themselves, extinguish the institution’s corporate identity.

Section 148(5): Supplemental Government Powers

Sub-section (5) authorises the Government to include supplemental, incidental and consequential provisions in a notification issued under sub-section (2). It also permits the Government to amend such a notification from time to time.

This facilitates the practical implementation of territorial reorganisations. However, such action must remain within the authority granted by the Act and comply with applicable legal requirements.

Relevant Judgments and Judicial Principles

The interpretation of Section 148 should be considered alongside constitutional provisions governing local self-government and judicial decisions concerning Panchayat Raj institutions.

A.P. Sarpanches Association and Others v. Union of India and Others (2007)

This case, decided on 8 February 2007, concerns the constitutional and statutory framework governing local bodies in Andhra Pradesh. It is relevant as broader background when examining the legal structure of Panchayat Raj institutions.

However, it should not be represented as a direct ruling on every clause of Section 148. The precise holding must be checked against the judgment before relying on it for a particular dispute concerning mandal reorganisation.

Constitutional Principles Governing Local Self-government

Part IX of the Constitution of India provides the constitutional framework for Panchayats. Article 243B concerns the constitution of Panchayats, while Article 243C addresses their composition. Article 243K deals with elections to Panchayats.

These provisions form part of the wider constitutional context within which state Panchayat Raj legislation operates. Their application to a specific territorial reorganisation must be assessed alongside the relevant statutory provisions and any applicable constitutional exceptions.

Important: No independently verified reported judgment directly interpreting every part of Section 148 has been established for this article. Advocates should verify case names, citations and holdings from authoritative court records before using a decision as precedent.

Conclusion

Section 148 of the Andhra Pradesh Panchayat Raj Act, 1994 provides the legal mechanism for constituting and reorganising Mandal Praja Parishads. Its five sub-sections address the establishment of Parishads, redelimitation of mandals, territorial changes involving municipalities, continuity of eligible representatives, corporate status and consequential government notifications.

The provision seeks to ensure that changes in administrative boundaries can be implemented without unnecessary disruption to local governance. At the same time, its operation remains subject to statutory requirements, constitutional principles and applicable judicial review.

For disputes involving the creation or abolition of a Mandal Praja Parishad, the relevant government notification, territorial records, election-related documents and current statutory text should be examined together. This is particularly important where the rights of elected representatives or the legal status of a local institution are affected.