G NARAYANA SWAMY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal against the order of our learned brother Raghuvir, J. is concerned with the no-confidence motion against the Chairman, Dharmavaram Municipal Council. The appellant herein is the petitioner in the writ petition. The writ petition is filed for issue of a writ of mandamus declaring that the resolution expressing no-confidence against Sri G.Pradhasaradhi, Chairman of the Dharmavaram Municipality is null and void.

(2.) The essential averments in the affidavit filed in support of the writ petition may be stated. The appellant petitioner is a Councillor of Dharmavaram Municipality and the Municipal Council comprises twenty four members. Regarding the no-confidence motion proposed to be discussed on 8-12-1983, the Chairman filed writ petition, being W.P. No.10986/83 questioning the validity of the said motion and this court in Writ Petition Misc.Petition 15080/83 issued a direction that the meeting should go on and the result should not be announced pending further orders in the writ petition. The Meeting was held on 8-12-1983 in the Municipal office and nineteen councillors were present. Eleven councillors including the petitioner submitted memorandum to the second respondent, i.e., the Revenue Divisional Officer, to conduct voting by secret ballot. But, however, the voting was done by show of hands. The councillors who voted in favour of the no-confidence motion, were brought by Sri Peddayya under police escort to the meeting and soon after the meeting the said group of councillors were taken away under the police escort. It is stated that the voting by show of hands was illegal and the meeting was not conducted in accordance with law.

(3.) In the counter-affidavit filed by the Revenue Divisional Officer, the second respondent in the writ petition, it is stated that eleven councillors made a representation that the voting should be done by secret ballot and on the other hand fourteen councillors represented that the voting should be taken by show of hands. The meeting conducted on 8-12-8\1983 is for the specific purpose of no-confidence motion and the conduct of voting by show of hands is in accordance with the provisions of the Andhra Pradesh Municipalities Act. It is not necessary to traverse the other averments denying certain allegations made by the petitioner in his affidavit.