C MALLAIAH Vs. DISTRICT COLLECTER KURUOOL

JUDGEMENT

(1.) This revision petition is directed against the order of the learned Subordinate Judge, Adoni in C M A No. 2 of 1990 by which he set aside the order of the learned District Munsif, Adoni, granting ex-parte interim injunction against the defendants without notice to them. The 1st plaintiff is the petitioner herein

(2.) The facts that led to the filing of the suit are as follows; The plaintiffs are the Vice-Chairman and one of the elected councillors of the Adoni Municipality. On 24-3-90, the Revenue Divisienal Officer, Adoni the 2nd respondent herein issued a notice stating that M A Oafoor and B Ramchander. Municipal Councillors delivered in person a written notice of intention to have a motion of no-confidence signed by 21 Councillors and Ex-officio member against the 1st plaintiff on 19-2-90 and requested the Revenue Divisional Officer to convene a meeting of the Municapal Council, Adoni as per the provisions of the A P Municipalities Act. By the said notice the Revenue Divisional Officer, intimated all the councillors that the meeting to consider the motion of no-confidence in the Vice- Chairman, Municipal Council, Adoni, will be taken up for consideration on 12-3-90 at 10-30 a.m. at Adoni Municipal Council Mall aad requested the councillors to be present. The total number of elected councillors of Adoni Municipality is 36, out of which 21 councillors signed the written notice and the same was delivered in person. It is at this stage the petitioner along with another Councillor filed the suit for permanent injunction restraining the 2nd respondent from holding a meeting on 12-3-90 Pending disposal of the suit he filed an application out of which this revision arises for the grant of an interim injunction. The learned Disfrict Munsif granted ex parte interim injunction but the same was vacated by the learned Subordinate Judge, Hence this revision petition.

(3.) The main allegation of the plain, tiffs is that the notice expressing no confidence in the Vice-Chairman was only signed by 21 councillors in that it has not complied with the statutory provisions of Section 46 of the AP Municipalities Act wherein 50% of the sanctioned strength shouid sign and the meeting should be within 15 days.