YETURI PITCHI REDDY Vs. GOVT OF A P

JUDGEMENT

(1.) An interesting question which arises for consideration in this appeal is, as to whether having regard Rule 6(1) of the Andhra Pradesh Municipal Council/Nagar Panchayats (Co-option of Members having special knowledge or experience in Municipal Administration) Rules, 1995 (for short 'the Rules'), co-option of a member to the Municipal Council would constitute to be an election?

(2.) The appellants-writ petitioners herein are seeking to be co-opted as members of the Kavali Municipal Council, Nellore district. They filed their applications for nomination under the category of persons having special knowledge and experience in Municipal Administration. For the said purpose, a meeting of the Municipal Council was held on 7-6-2000. It is not in dispute that the total strength of the Municipal Council is 30 and one-half thereof constitutes the quorum. In the meeting of the Council held on 7-6-2000, they were elected as co-opted members. However the member of the Legislative Assembly who is the Ex-Office member of the Council though attended the meeting, expressed his dissent. He, thereafter filed a petition before the Government under Section 59 of Municipalities Act, 1965 on the ground that there was no quorum and the mandatory requirement of seven days clear notice to convene the meeting of the Council had not been adhered to. In the said proceedings, the Government in G.O. Ms. No.367, dated 26-6-2000 passed an interim order suspending the resolution dated 7-6-2000 of the Council pending further enquiry. The present writ petition has been filed as despite a representation made in this regard, the stay has not been vacated.

(3.) A learned single Judge of this Court by the order impugned herein refused to go into the contentions raised by the appellants on the ground that the matter is pending before the Government and disposed of the writ application with a direction upon the 1st respondent to dispose of the representation filed by the petitioners within a period of four weeks from the date of receipt of a copy of the said order.