MADHAVA RAO DESAI Vs. UNION OF INDIA

JUDGEMENT

(1.) While passing an order disqualifying an elected member of Mandal Parishad Territorial Constituency or President of a Mandal Parishad in terms of Section 153 of A.P. Panchayat Raj Act, the principles of natural justice are required to be complied with is the question involved in these two Writ Petitions.

(2.) Briefly-noted, the facts are: The petitioner in W.P.No. 15631 is the President of Mudhole Mandal Telugu Desam Party. He was elected as member of M.P.T.C., Mudhole 6 to 12, Adilabad District and a declaration to that effect was issued by the Election Officer-4th respondent on 17-7-2001. In the election conducted for the post of President of Mandal Prarishad, Mudhole, the petitioner and one Jadav Subhash Rao-5th respondent obtained equal votes and the petitioner was elected as President on application of toss by the 4th respondent and he was accordingly declared to have been elected as President of Mudhole Mandal.

(3.) While things stood thus, the 4th respondent issued notice on 23-7-2000 stating that 5th respondent was issued B-From by Telugu Desam Party for contesting the post of President and a whip had been issued to vote in favour of the 5th respondent but the petitioner has disobeyed the same and voted against the party whip and got himself elected as President in support of other party members. He was, therefore, asked tb show cause as to why he should not be declared to have ceased the Office of the M.P.T.cl Mudhole 6-12 and consequently the post of President of Mandal Parishad, Mudhole for disobedience of the party whip issued by the Telugu Desam Party, as per the provisions of Section 153 (1) of the A.P. Panchayat Raj Act (for short 'the Act') and the rules issued in G.O.Ms.No. 756 P.R.R.D. & Relief (Election III) Department dated 30-11-1994 within three days from the date of receipt of the notice. The petitioner submitted his explanation explaining that at no point of time he was informed about the issuance of the whip and appointing 5th respondent as the whip of the party. Thereafter, 4th respondent issued proceedings dated 26-7-2001 declaring the petitioner as ceased to hold the office of MPTC, Mudhole 6 to 12 and the Office of President of Mandal Parishad, Mudhole and Form No. V-C as required under the Rules was issued on 26-7-2001.