KASULANATI VENKAIAH Vs. KATIKI SASTYANARAYANA

JUDGEMENT

(1.) The petitioner in C.R.P. No. 1624 of 1960 challenges the correctness of the Order passed by the District Munsif while purporting to act under section 11 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act (XXV of 1959) (hereinafter referred to as the Act). Section n relates to the initiation of proceeding and also to decision on questions of disqualification for continuance of members and reads thus :-

(2.) The disqualifications specified in section 9 to which reference has been made in section 10 are also disqualifications for becoming a member. Section 11 however is concerned with the decision on disqualifications whether in dispute or even in doubt for continuance as a member. Such proceedings have to be initiated on an application by any member of the samithi or its president at the request of the samithi, to the District Munsif concerned. On such application, the District Munsif has to determine the disqualifications having regard to the provisions of section 10 and after such inquiry as he considers necessary and his decision is final.

(3.) In the present case, pursuant to the provisions under section 11, an application was made before the District Munsif, Markapur, seeking decision on the alleged disqualifications of a member of the samithi. Before any inquiry was made, the petitioner applied for amendment of his petition by introducing some further instances of disqualification within the meaning of sub-clause (d) of section 9. In considering this request, the District Munsif seems to have been in doubt whether the Civil Procedure Code applied to the proceedings. After hearing the arguments, he passed the following order :- "Heard arguments. The Civil Procedue Code governs the procedue regarding enquiry and there is no objection to the amendment. Petition is allowed."