CHALLA SITARAM REDDY Vs. REVENUE DIVISIONAL OFFICER MIRYALGUDA

JUDGEMENT

(1.) The ex-President of the Miryalguda Panchayat Samithi, who has been removed by a vote of no-confidence, has filed this writ petition questioning the proceedings of the meeting of the Panchayat Samithi, Miryalguda on 24th February, 1973. He seeks a writ of certiorari quashing the proceedings of the said meeting including the election of the 3rd Respondent (Vangala Madhava Reddy) as the President of the Panchayat Samithi, Miryalguda.

(2.) The facts leading to the filing of the writ petition are these. The petitioner was elected as Member of the Gram Panchayat Ravulapenta in the year 1970 and later its Sarpanch. By virtue of his election to the office of Sarpanch, he became a Member of Panchayat Samithi, Miryalguda. Later, he was elected as President of the Panchayat Samithi, Miryalguda. On 15th March, 1972, some of the members of the Panchayat Samithi of Miryalguda gave a notice of motion expressing want of confidence in the petitioner. A meeting was convened on 6th December, 1972, at which meeting the motion expressing want of confidence in the petitioner was passed against him by the requisite number is 3/5ths of the strength of the Panchayat Samithi. That is how the petitioner was removed from the office of the President of the Panchayat Samithi. For the election of new President of the Panchayat Samithi a meeting was convened on 24th February, 1973 and at that meeting, the 3rd respondent was elected as the President of the Panchayat Samithi by a big majority.

(3.) The complaint of the petitioner is that, though he ceased to be the President of the Panchayat Samithi by reason, of the motion of no-confidence having been passed against him, he did not cease to be a member of that Panchayat Samithi and that the failure to serve a notice of the meeting held on 24th February, 1973 vitiates the entire proceedings of that meeting and the election of the 3rd respondent as the President of the Panchayat Samithi. It is his case that after he was removed from the office of the President of the Panchayat Samithi, there was two months' time-lag to hold the meeting for the election of a new President and if only he was served with a notice of the meeting, he would have participated at the meeting and also contested for the office of the President mobilising sufficient strength in his favour.