Section 153: Election, reservation and term of office of President and V.P

Section 153(1)

For every Mandal Praja Parishad there shall be one President and one Vice-President who shall be elected by and from among the elected members specified in clause (i) of sub-section (1) of Section 149 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribed. If at an election held for the purpose no President or Vice-President is elected, fresh election shall be held. The names of the President and the Vice-President so elected shall be published in the prescribed manner.

Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office he ceases to be a Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.

Provided further that a member voting under this sub-section in disobedience of the party whip shall cease to hold office in the manner prescribed and the vacancy caused by such cessation shall be filled as a casual vacancy.

Section 153(2)

Out of the total number of offices of President in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve—

(a) Such number of offices to members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in the State bears to the total population of the State. Such offices may be allotted by rotation to different Mandal Praja Parishads in the State in the prescribed manner.

(b) Omitted.

(c) Not less than one-third of the total number of offices reserved under clause (a) and sub-section (2A) for women belonging to the Scheduled Castes, Scheduled Tribes or, as the case may be, the Backward Classes.

(d) Not less than one-third, including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes, of the total number of offices to be filled in the State for women. Such offices may be allotted by rotation to different Mandal Praja Parishads in the prescribed manner.

Section 153(2A)

In addition to the reservation of offices of President under sub-section (1), there shall be reserved for the Backward Classes such number of offices of President as may be allocated to them in each district in the prescribed manner, so that the number of offices reserved for Backward Classes in the State shall not be less than thirty-four per cent of the total number of offices of Presidents of Mandal Praja Parishads in the State. The offices allocated for reservation in each district shall be allotted by rotation to different Mandal Praja Parishads in that district.

Section 153(3)

The first meeting of the Mandal Praja Parishad to elect a President and Vice-President shall be called as soon as may be after the results of the ordinary elections to the office of elected members have been published. Notice of the date and time of the meeting shall be given to the elected members in the prescribed manner.

Provided that if, for any reason, the election of the President or Vice-President is not held on the date fixed, the meeting for the election shall be held on the next day, whether or not it is a holiday observed by the Mandal Praja Parishad.

Section 153(4)

Every President or Vice-President shall cease to hold office on the expiration of his term of office as a member.

Section 153(5)

Save as otherwise expressly provided in or prescribed under this Act, the term of office of the President or Vice-President elected at an ordinary election shall be five years from the date appointed by the Election Commissioner for the first meeting of the Mandal Praja Parishad after the ordinary election.

Section 153(6)

Any casual vacancy in the office of the President or Vice-President shall be filled within six months from the date of its occurrence by a fresh election under sub-section (3). A person elected to fill such vacancy shall hold office only for the period during which the person in whose place he is elected would have been entitled to hold office.

Explained:

Section 153 of the Andhra Pradesh Panchayat Raj Act, 1994, deals with the election, reservation and tenure of the President and Vice-President of a Mandal Praja Parishad. The provision establishes the legal framework for selecting these office-bearers from among elected Mandal Parishad Territorial Constituency (MPTC) members. It also addresses party whips, reservation of leadership positions, disqualification for violating a party whip, and the filling of vacancies.

The provision is important because the Mandal Praja Parishad plays a significant role in rural administration and local development. Section 153 seeks to ensure that its leadership is chosen through a prescribed democratic process while maintaining compliance with applicable election rules and statutory requirements.

Section 153(1): Election and Party Whip

This subsection provides for one President and one Vice-President for every Mandal Praja Parishad. Both office-bearers are elected from among the elected members identified under Section 149(1)(i). The election is conducted by a show of hands, subject to the prescribed procedure and applicable party-whip requirements.

If neither candidate is successfully elected to an office, a fresh election must be held. The names of the elected office-bearers must be published in the prescribed manner.

The subsection also addresses members of the State Legislature or Parliament who are elected to these offices. Such a person must cease to be a member of the relevant legislature within fifteen days, failing which the person cannot continue as President or Vice-President.

A further proviso provides consequences for disobeying a valid party whip. The statutory procedure must be followed before the resulting cessation of office is implemented.

Section 153(2): Reservation for SC, ST and Women

This subsection empowers the competent Commissioner to reserve offices of President in accordance with the Act and prescribed rules.

Reservation for Scheduled Castes and Scheduled Tribes is linked to their respective population proportions in the State. The reserved offices may be distributed among Mandal Praja Parishads by rotation.

The provision also requires reservation for women within the specified categories and provides that at least one-third of the total offices to be filled must be reserved for women, including women covered by category-based reservations.

Section 153(2A): Reservation for Backward Classes

Subsection (2A) specifically addresses reservation for Backward Classes. The consolidated text provides for allocation across districts and rotation among Mandal Praja Parishads.

The stated thirty-four per cent figure must be read with the applicable constitutional requirements, subsequent judicial decisions and any relevant amendments. It should not be assumed that this historical statutory wording automatically determines the currently enforceable reservation percentage in every election.

Section 153(3): First Meeting and Election Schedule

After the results of ordinary elections to elected Mandal Praja Parishad membership are published, the first meeting must be convened to elect the President and Vice-President. Elected members must receive notice of the meeting according to the prescribed rules.

If the election cannot be held on the scheduled day, the provision requires the meeting to take place on the following day, even if that day is a local holiday. This requirement helps prevent unnecessary delays in constituting the leadership.

Section 153(4): Cessation of Office

The President or Vice-President cannot continue in that office after the expiry of the person’s term as a member. The leadership position is therefore linked to continued eligibility and membership under the Act.

Section 153(5): Five-Year Term

The ordinary term of office is five years, calculated from the date appointed for the first meeting following the ordinary election. This period remains subject to other express provisions of the Act and applicable rules.

Section 153(6): Casual Vacancies

A casual vacancy may arise because of resignation, death, disqualification or another legally recognised circumstance. The provision requires a fresh election within six months of the vacancy occurring.

The person elected to fill the vacancy does not receive a fresh five-year term. The tenure is limited to the unexpired period of the predecessor’s term.

Important Judicial Decisions

1. Pandranki Parvathi v. Akula Gangaraju (2004)

The Andhra Pradesh High Court considered issues concerning disqualification under Section 153 and the rules governing party whips during Mandal Parishad elections. The decision illustrates the importance of applying the statutory provisions and prescribed election procedure when determining whether a member has violated a party whip.

2. Gutta Rajyalakshmi v. Presiding Officer and Election Officer, Rajupalem Mandal Parishad (1996)

This decision examined the application of Section 153(1) alongside the relevant election rules, including questions concerning the timing and communication of a party whip. It highlights the importance of examining the factual record, the applicable rules and the procedure followed before deciding whether disqualification is justified.

3. Nallavelli Ashok v. State of Telangana (2016)

The High Court considered the effect of proceedings concerning cessation of office following alleged disobedience of a party whip. The judgment discussed whether the statutory consequences operate automatically and the implications of interim judicial relief in such disputes. Its reasoning should be applied with attention to the relevant statutory version and procedural circumstances.

These decisions should not be treated as establishing identical rules for every dispute. The precise issue, subsequent legal developments and applicable statutory provisions must be examined in each case.

Conclusion

Section 153 of the Andhra Pradesh Panchayat Raj Act, 1994, establishes the framework for electing the President and Vice-President of a Mandal Praja Parishad. It regulates the election procedure, party-whip compliance, reservation of leadership offices, tenure and filling of casual vacancies.

For candidates, elected members and political parties, compliance with the Act and prescribed rules is essential. Anyone challenging an election or alleged disqualification should examine the relevant records, notices, party-whip documents and applicable judicial decisions before taking legal action.