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5. That the Erstwhile State of Andhra Pradesh has issued G.O.Ms.No.571, dated 26.12.2007 with regard to the devolution of the powers and functions of the Panchayat institutions in respect of subject relating to rural development. The issuance of the said G.O was necessitated in view of the 73rd Constitution Amendment. The subsequent G.O issued in G.O.Ms.No.238, dated 01.08.2009, which amended the earlier G.O.Ms.No.350, dated 31.08.2006, provides the composition of the Committee and in the said committee, the Sarpanch and the Chairman, one member from the elected ward members of the Gram Panchayat, one Women member from among Self Help Group, one person of the village, who is having interest in the developmental activities and the Panchayat Secretary is the member convener. The Government has also issued G.O.Ms.No.791, dated 07.11.2013, with regard to the various functions which are assigned to the Gram Panchayat. In the impugned G.O, there is no reference of the aforesaid G.Os. That even after the A.P. State Reorganization Act, the G.Os which were issued earlier also operate and there is no justification on the part of the 1st respondent in issuing the impugned G.O and empowering the District Minister to nominate the members of the committee and only making the Sarpanch of the Gram Panchayat as a figure head to the said committee. The impugned G.O in so far empowering the District Minister to nominate the members of the committee without assigning any role to the elected Sarpanches of the Gram Panchayat is being challenged as illegal and is violative of Article 243-G of the Constitution of India.

14. The main ground on which all these writ petitions are filed is that the impugned G.O.Ms.No.135, Panchayat Raj & Rural Development (R.D.I) Department, dated 17.09.2014 is violative of Article 243-G read with Eleventh Schedule of the Constitution of India. For the purpose of better understanding, it is relevant to extract Article 243-G and Eleventh Schedule of the Constitution of India.

243G. Powers, authority and responsibilities of Panchayats- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to-

In the present case on hand, the concerned District Minister will nominate the Self Help Group Members and Group Social Activists mentioned in the Committees, which cannot be said to be illegal as arbitrary, as the petitioners allegations are only apprehensions.

19. The Honble Apex Court in Civil Appeal No.8137 of 2003 held as follows:

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14. .. In our opinion, this provisions is only an enabling provision, it enables the Legislature of a State to endow the Panchayats with certain powers. Hence, the Legislature of a State is not bound to endow the Panchayats with the powers referred to Article 243-G, and it is in its discretion to do so or not. At any event there is no mention of the public distribution system in Article 243-G of the Constitution. Thus, it is evient that the High Court has taken a view that the provision of Article 243-G is merely an enabling provision, and it is not a source of legislation. This view seems to be in consonance with the law laid down by this Court in U.P Gram Panchayat Adhikari Sangh & Ors. V. Daya Ram Saroj & Ors., (2007) 2 SCC 138, wherein an observation has been made that Article 243-G is an enabling provision as it enables the Panchayats to function as institutions of self-government. Further, this Court noted that such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, subject to such conditions as may be specified therein, with respect to the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the matters listed in the Eleventh Schedule. The enabling provisions are further subject to the conditions as may be specified. Therefore, it is for the State Legislature to consider conditions and to make laws accordingly. It is also open to the State to eliminate or modify the same.