JONNALAGADDA PULLA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The question which arises for consideration is as to whether Rule 8 of the Andhra Pradesh Farmers' Management of Irrigation Systems Rules, 1997 (for short, 'the Rules') is ultra vires Section 10 of the Andhra Pradesh Farmers' Management of Irrigation Systems Act, 1997 (for short, 'the Act').

(2.) The basic fact of the matter is not in dispute. The petitioner herein was elected as President of No. 12 Somavaram Water Users Association, which is an Association envisaged under the said Act. On or about 26-2-2000, the 4th respondent issued notices to 128 members of the said Association asking them to attend the Motion to recall the petitioner whereafter, an order dated 1-7-2000 was issued, which is to the following effect:

(3.) The said order was passed by the 4th respondent herein. Section 10 of the said Act reads thus: