D SURYANARAYANA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in W.P. No. 6004 of 1973 (referred to as the petitioner in this judgment) was elected President of the Panchayat Samithi, Parchur, Prakasam District, in 1970 and thereafter he was discharging his duties as President in accordance with the provisions of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act (referred to as the Act) and the Rules made thereunder. On 8th December, 1972 a meeting of the Panchayat Samithi was held. Contending that the next meeting of the Samithi was held only on 18th April, 1973 i.e., more than four months after the previous meeting, respondents 4 to 6 filed W.P. No. 5317 of 1973 praying for the issue of a writ in the nature of a quo warranto calling upon the petitioner to state under what authority he could continue to exercise the powers and functions of the President of the Samithi. Under section 22 (7) of the Act it is the duty of the President to convene a meeting of the Panchayat Samithi so that at least one meeting of the Panchayat Samithi is held in every three months and if he fails to discharge that duty with the result that no meeting is held within the said period of three months, or in the month following such period, he shall with effect from the date of expiry of the month aforesaid cease to be the President. According to respondents 4 to 6, on a proper construction of the above section the petitioner ceased to be the President on the expiry of four months from 8th December, 1972, that is, on 9th April, 1973. The petitioner, however, was giving out that another meeting had been held on 8th March, 1973. According to respondents 4 to 6 he tampered with the records of the Samithi and manipulated the minutes book and other relevant registers to make it appear that a meeting was held on 8th March, 1973 in order to get over the disqualification he had incurred under section 22 (7) of the Act. They therefore, filed a petition before the District Collector (second respondent) and he caused an enquiry to be made by the Revenue Divisional Officer, Ongole, and thereafter submitted a report to the Government stating that no meeting had been held on 8th March, 1973 and the petitioner had tampered with the records of the Samithi. As the Government did not take any action, respondents 4 to 6 were constrained to file W.P. No. 5317 of 1973 praying for the issue of a writ of quo warranto as aforesaid. An application was also made for an injunction restraining the petitioner from functioning as President. On the 27th September, 1973 the Government Plader appeared and informed the Court that there was an elaborate enquiry by the Government. On this representation, injunction was granted. As against his order the petitioner preferred W.A. No. 771 of 1973.

(2.) On the 28th of September, 1973 the District Collector, passed an order stating that on the petition received from one Nageswara Rao, Sarpanch, Uppatur that no meeting had been held between 8th December, 1972 and 8th April, 1973 the matter was entrusted to the Revenue Divisional Officer, Ongole, for enquiry, that after enquiry he came to the conclusion that no meeting was held on 8th March, 1973 and that the collection also was of the same view. In that order it was stated that in the circumstances the petitioner was informed that in terms of section 22 (7) of the Act he ceased to hold the office of the President with effect from 7th April, 1973 on which date the period of four months from the date of last meeting that was held, namely, 8th December, 1972 expired. Accordingly, the Vice-President was requested to exercise the powers and perform the function of the President until a new president was elected. On receiving this order, the petitioner filed W.P. No. 6004 of 1973 praying for the issue of a writ of certiorari calling for the records of the District Collector in his proceedings, dated 28th September, 1973 and to quash the same. He also applied to this Court to suspend the operation of the order pending disposal of the writ petition and to issue a direction directing the respondents to allow the petitioner to continue as President. On 10th October, 1973 this Court passed an order in W.A.M.P. No. 1181 of 1973 in W.A. No. 771 of 1973 suspending the operation of the order passed by the Collector, dated 28th November, 1973 till the disposal of the appeal.

(3.) The Writ Appeal has been posted along with the above two writ petitions and all of them have been heard together.