GANTA SANDHYA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) These two Writ Petitions are filed by the President and the Vice-President of Mudinepally Mandal Parishad, Krishna District for a mandamus to declare the action of Respondent No. 1 in purporting to conduct a meeting on 6-9-2010 or any other date for expression of "want of confidence" as illegal and ultra vires the provisions of A.P. Panchayat Raj Act, 1994 (for short "the Act") and consequently direct Respondent No. 1 to abide by the law and forbear from holding a meeting for expression of "want of confidence" on 6-9-2010 or any other date.

(2.) As many as 12 members of Mudinepalli Mandal Parishad moved two separate motions in Form-II under the rules governing Motion of no confidence in Upa-Sarpanch of Gram Panchayat or Vice-President, President of Mandal Parishad or Vice-Chairperson/Chairperson of Zilla Parishad, notified in G.O. Ms. No. 200, PR & RD (Mandal-I), dated 28-4-1998 (hereinafter referred to as "the Rules") against the Petitioners in the two Writ Petitions who are Sarpanch and Upa-Sarpanch respectively. Along with the letters addressed to Respondent No. 1, the members enclosed two motions expressing want of confidence in the Petitioners. Acting on the said letters and the motions, Respondent No. 1 has issued notices in accordance with the procedure prescribed by the Act and the Rules with respect to which there is no dispute. Respondent No. 1 has fixed 6-9-2010 as the date of meeting for putting the motions to vote. These notices are assailed in these Writ Petitions.

(3.) This Court, while ordering notice before admission in both the writ petitions, permitted the meeting to go on but directed that no further steps shall be taken pending further orders.