B JANGI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) (Judgment of the Court delivered by Ramachandra Rao J.) 1. In this Writ Appeal against the judgment of our learned brother Krishna Rao, J, in W.P.No.l27/1972 a short question arises as to the interpretation of the expression "total number of members of the Panchayat Samithi" occurring in Section 33 (12) of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959, hereinafter referred to as the Act. .

(2.) The appellants who filed the said Writ Petition is the President of the Panchayat Samithi, Nagarkurnool, Mahaboobnagar District, which had a strength of 45 members. A notice of no-confidence motion was issued on 7-12-1971 by 27 members and at the meeting held on 31-12-1971, 26 members supported the no-confidence motion and it was declared carried by the Revenue Divisional Officer. By 31-1-1971 when the no confidence motion was considered, 4 members had become disqualified or had ceased to be sarpanches on account of no-confidence motions being passed against them, thereby reducing the effective strength of the members of the Panchayat Samithi from 45 to 41. The Revenue Divisional Officer declared the motion carried as 3/5ths of the majority of the effective strength voted in favour of the no-confidence motion. He over-ruled the objection of the appellant-petitioner that a 3/5ths majority of the total strength of the Samithi was necessary. The appellant than filed the Writ petition out of which this appeal arises for the issue of a Writ of Mandamus directing the Government to forbear from implementing the said Resolution dated 31-12-1971 of the Samithi and for declaring the same as null and void. The Writ Petition was dismissed by our learned brother Krishna Rao; J., holding that under Section 33 (12) of the Act, it was sufficient if the motion of no-confidence was passed by not less than 3/5ths of the effective members of the Panchayat Samithi and that the expression

(3.) The question for consideration is, what is the meaning of the expression "total number of members of the Panchayat Samithi". Section 33 (12) reads as follows :