KUKATLA KOTAIAH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) 1. President of Mandal Parishad, Santanutalapadu Mandal, Prakasham District (first petitioner), along with a Member of Mandal Parishad Territorial Constituency (MPTC) of Santanutalapadu Mandal, filed this petition questioning the notice convening a meeting of No-Confidence Motion in Form-V of the Rules issued in G.O. Ms. No.200 PR & RD (Mandal-I) Department, dated 28.4.1998 relating to Motion of No-confidence of Upa-Sarpanch of Gram Panchayat or Vice-President/ President of Mandal Parishad or Vice-Chairman/Chairman of Zilla Parishad (the Rules), framed under the Andhra Pradesh Panchayat Raj Act, 1994 (the 'Act'). The fact which are not in dispute are on 25.2.2005 2nd respondent (Revenue Divisional Officer, Ongole) received a notice in Form II of the Rules purporting to have been signed by 10 MPTCs of Santanutalapadu Mandal, stating that they resolved to make a Motion of No-Confidence against the first petitioner. Thereupon second respondent sent a letter to the Mandal Parishad Development Officer to attend the Revenue Divisional Office, Ongole on 26.2.2005 along with the minutes register of the Mandal Parishad, Santanutalapadu, and to certify the genuineness of the signatures of the MPTCs in the notice in Form-II of the Rules received by him. After receiving a report from the Mandal Parishad Development Officer (MPDO), 2nd respondent issued the impugned notice dated 26.2.2005 in Form-V of the Rules to all the MPTCs convening a meeting of No-Confidence Motion against the first petitioner on 22.3.2005 at 11.00 a.m., at the Office of the Mandal Parishad, Santanutalapadu. On 28.2.2005 six MPTCs along with the first petitioner, gave a letter to the 2nd respondent alleging that some signatures of the MPTCs of Santanutalapadu Mandal in Form-II of Rules dated 25.2.2005 are forged.

(2.) Four MPTCs of Santanutalapadu Mandal filed W.P.M.P. No.7715 of 2005 seeking leave of this Court to add them as Respondents 4 to 7 to the writ petition.

(3.) Heard both sides.