Section 149: Composition of Mandal Parishad

Section 149(1)

Every Mandal Praja Parishad shall consist of the following members namely:—

(i) persons elected under Section 151;

(ii) the Member of the Legislative Assembly of the State representing a constituency which comprises either wholly or partly the Mandal concerned;

(iia) any Member of the Legislative Council of the State who is a registered voter in the Mandal concerned;

(iii) the Member of the House of the People representing a constituency which comprises either wholly or partly the Mandal concerned;

(iv) any Member of the Council of States who is a registered voter in the Mandal concerned;

(v) one person belonging to minorities to be co-opted in the prescribed manner by the members specified in clause (i) from among persons who are registered voters in the Mandal and who are not less than 21 years of age.

Section 149(2)

No person shall be a member in more than one of the categories specified in sub-section (1). A person who is or becomes a Member of Mandal Praja Parishad in more than one such category shall, by notice in writing signed by him and delivered to the Mandal Praja Parishad Development Officer, within fifteen days from the date of the first meeting referred to in sub-section (3) of Section 153, intimate in which one of the said categories he wishes to serve, and thereupon he shall cease to be the Member in the other category or categories.

In default of such intimation within the aforesaid period, his membership in the Mandal Praja Parishad in the category acquired earlier shall, and his membership acquired later in the other shall not, cease at the expiration of such period. The intimation given under this sub-section shall be final and irrevocable.

Explained:

1. Section 149(1): Categories of Members

Section 149(1) identifies the different categories of members who constitute the Mandal Praja Parishad. Its purpose is to combine elected local representatives with eligible representatives from State and national legislatures, while also providing for minority representation.

Elected members under Section 151: Members are elected from territorial constituencies within the Mandal. This provides direct representation to rural voters and enables them to participate in local governance through their elected representatives.

Member of the Legislative Assembly (MLA): The MLA representing a constituency that includes the whole or part of the Mandal is included in the Parishad’s composition. This creates a connection between local administration and State-level representation.

Member of the Legislative Council (MLC): Clause (iia), inserted by Act No. 22 of 2007, includes an MLC who is a registered voter in the concerned Mandal. This is an important amendment when interpreting the current wording of the section.

Member of the House of the People (Lok Sabha): The relevant Lok Sabha representative is included when the parliamentary constituency comprises the whole or part of the Mandal. This provision connects local governance with national representation.

Member of the Council of States (Rajya Sabha): A Rajya Sabha member may be included if that person is a registered voter in the concerned Mandal. The voter-registration requirement is expressly stated in the provision.

Co-opted minority representative: The elected members specified in clause (i) co-opt one person belonging to minorities, following the prescribed procedure. The person must be a registered voter in the Mandal and must be at least 21 years old. The co-option must comply with the applicable rules; it is not an unrestricted appointment.

2. Section 149(2): Prohibition on Multiple Membership

Subsection (2) prevents one person from holding membership in more than one category specified in subsection (1). This provision is particularly important where a person qualifies for membership through more than one route.

For example, a person may qualify as an elected member and also fall within another category recognised by the Act. In such a situation, the person must formally choose the category in which they wish to serve.

The choice must be communicated through a written notice signed by the person and delivered to the Mandal Praja Parishad Development Officer within 15 days from the date of the first meeting referred to in Section 153(3).

Once the choice is communicated, the person ceases to be a member in the other category or categories.

If the person fails to provide the required intimation within the prescribed period, the Act provides that membership in the category acquired earlier continues, while membership acquired later ceases. The decision communicated under this subsection is final and irrevocable.

This rule promotes clarity in the composition of the Parishad and prevents one individual from occupying multiple membership positions simultaneously.

Important Judgments Relating to Section 149

1. Singam Satyanarayana and Others v. Election Officer and Deputy Chief

In Singam Satyanarayana and Others v. Election Officer and Deputy Chief, decided on 22 August 2005, the Andhra Pradesh High Court considered the statutory framework governing Panchayati Raj institutions. The judgment discussed the composition of the Mandal Parishad under Section 149 and its relationship with other provisions of the 1994 Act.

Legal significance: The case is useful for understanding that the composition of a Mandal Parishad must be examined within the wider statutory scheme governing local elections and representation. It predates the 2007 amendment that inserted clause (iia), so it should not be treated as a ruling on that later amendment.

2. A.P. Sarpanches Association and Others v. Union of India and Others

In A.P. Sarpanches Association and Others v. Union of India and Others, decided on 8 February 2007, the court considered issues concerning the Panchayat Raj legal framework, including provisions relating to the composition and election of local bodies. The judgment reproduces Section 149 as part of its discussion of the statutory scheme.

Legal significance: The decision provides background for understanding the structure of rural local governance under the Act. It should not be cited as establishing a specific interpretation of the 15-day rule unless the relevant passage of the full judgment supports that proposition.

Note: These cases provide relevant statutory context. Their precise holdings and applicability to a particular dispute should be verified from the complete judgments before they are relied upon in court proceedings.

Conclusion

Section 149 of the Andhra Pradesh Panchayat Raj Act, 1994, establishes the membership structure of the Mandal Praja Parishad. It identifies elected representatives, eligible legislative representatives and a co-opted minority representative, while prescribing a clear procedure for resolving overlapping membership.

Subsection (2) is especially important because it requires a person who qualifies in multiple categories to select only one and communicate that choice within the statutory time limit. Understanding this provision helps citizens, elected representatives, law students and legal practitioners interpret the composition of Mandal-level local government.

For anyone researching the Andhra Pradesh Panchayat Raj Act, 1994, Section 149 is best understood together with Sections 148, 150, 151, 152 and 153. The applicable amended statutory text and relevant judicial decisions should always be checked before taking legal action.