KODAMANCHILI GEORGE Vs. COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) A question of general importance arises in these writ petitions. It is, whether the elections to the office of Vice-Chairperson of a Nagar Panchayat (III Grade Municipality) can be allowed to be conducted, when the office of Chairperson is vacant, under the provisions of A.P. Municipalities Act, 1965, (for short, 'the Act').

(2.) The following facts have to be noticed to considerthe above question: W.P.No.30605/97 : The petitioner was elected as Ward Member, 13th Ward of Kovvur Municipality, (Nagara Panchayat) in the election held in March, 1995. The office of Chairperson of that Municipality was reserved to Schedule Caste Community- The petitioner belongs to S.C. community. One Y. Aseervadham has been elected as Chairperson in the election. held in March, 1995. But in January, 1997 he passed away. Hence, the office of Chairperson fell vacant. Under the provisions of the Act the Vice-Chairperson has to perform the functions of Chairperson, pending election of the Chairperson. Election to the office of Chairperson has not been held, though the post fell vacant in January, 1997. No steps were taken for conducting the elections. Under Section 21A of the Act, election of the Chairperson can be postponed only by an order, in writing to such a period, not beyond one year. By 12-1-1998 the period of one year would be coming to an end. Meanwhile, the Vice-Chairperson Sri Mutyalarao, was removed from office by passing no-confidence motion against him on 12-11-1997. Thus, from 12-11-97 the office of Vice-Chairperson also fell vacant. Hence Ihe offices of Chairperson and Vice-Chairperson have become vacant. The Revenue Divisional Officer, the 4th respondent, has issued the impugned notice dated 15-11-1997 for conducting election of Vice-Chairperson on 21-11-1997. The petitioner filed the writ petition questioning the conduct of the election of Vice-Chairperson without conducting the election to the office of Chairperson, which was also vacant much prior to the office of Vice-Chairperson. W.P.No.32005/97: This writ petition was filed by one George seeking issue of writ of Mandamus declaring the meeting of Kowur Municipality, presided over by the R.D.O. on 21-11-97 to elect Vice-Chairperson of the Municipality, as illegal as being contrary to A.P. Municipalities (Conduct of Election of Vice-Chairperson) Rules, 1986 and to set aside the election held in the said meeting.

(3.) Thus in the above two writ petitions the same question arises as to the legality of the election to the office of Vice-Chairperson, when the office of Chairperson was also vacant without any steps being taken for holding election to Chairperson.