P RUKMAJI Vs. DISTRICT COLLECTOR NIZAMABAD

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for the issue of a writ of mandamus directing the District Collector, Nizamabad, not to give effect to his notice dated 23rd February, 1963. This petition arises in the following circumstances.

(2.) A notice of no-confidence motion by the requisite number of panchas was handed over to the Tahsildar on 3oth July, 1962. Taking cognizance of that notice, he convened a meeting for the consideration of the said no-confidence motion on 5th September, 1962. Before that meeting was held, another notice of no-confidence motion was served on the Tahsildar on 25th August, 1962. He directed the same to be posted before the same meeting of which notice was given. On 5th September, 1962, in all six members was present, five voting for the motion and one, who perhaps was the President himself, voting against the resolution. The no- confidence motion having been thus passed against the President, the Collector, through the impugned notice, directed the petitioner to vacate the office. It is this notice which is now challenged in this writ petition.

(3.) The principal contention of Mr. K. Madhaya Reddy, the learned GounseL for the petitioner, is that, rule 5 of the Rules for moving no-confidence motion against surpanch and upa-surpanch of the panchayat enjoins upon the Tahisldar,