MUNAGALA MALLESWARA RAO GUNTUR Vs. GOVERNMENT OF AP

JUDGEMENT

(1.) The Petitioner and the 4th Respondent are the duly elected members of the Mangalagiri Municipal Council. The Petitioner was subsequently elected as the Vice Chairman.

(2.) However, the 1st Respondent-Government of Andhra Pradesh issued a show cause notice dated 23.07.2009 calling upon the Municipal Council, Mangalagiri to show cause as to why the resolution No. 452 dated 18.06.2009 should not be cancelled under Section 59(1)(b) of the Act. On the very same day i.e. 23.07.2009 the Resolution No. 452, dated 18.06.2009 was suspended vide G.O.Ms. No. 468 dated 23.07.2009 in exercise of the powers conferred under Section 59(2) of the Act. The said order is under challenge in this writ petition. The learned Counsel for the Petitioner while submitting that as per the 1st proviso to Section 59(1) of the Act, the 1st Respondent is bound to give an opportunity to the Municipal Council to explain its stand before suspending the resolution, vehemently contended that since no such show cause notice was issued, the impugned G.O.Ms. No. 468 dated 23.07.2009 is liable to be set aside on that ground alone.

(3.) In the counter affidavit filed on behalf of the 1st Respondent the fact that the 4th Respondent did not attend the meetings on 12.11.2008, 29.12.2008 and 30.01.2009 has not been disputed. However, it is contended that out of the three meetings only one meeting held on 29.12.2008 was an ordinary meeting and the remaining two were emergency and urgent meetings. It is further stated that the 4th Respondent did not attend only one ordinary meeting held on 29.12.2008 and therefore, the disqualification under Section 16(1)(k) which provides that the member shall cease to hold Office if he absents himself consecutively for three ordinary meetings, did not apply to him. Thus, it is contended that the resolution No. 452 dated 18.06.2009 passed by the Municipal Council was not in accordance with the Section 16(1)(k) of the Act and therefore, the same was rightly suspended by exercising the powers conferred under Section 59(2) of the Act, for which no prior notice was required.