V S MUKTHAR Vs. PRINCIPAL SECRETARY TO GOVT MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT GOVT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) petitioners herein arc the Municipal Councillors of Proddatur Municipality in Cuddapah District. They are aggrieved by the order passed by the first respondent herein in Memo No.1947/Ele-I/ 97-T M.A. dated 3-9-1997. The first respondent through the impugned Memo passed an order suspending the meeting convened and proposed to be held at 11-00 am on 4-9-1997 to consider motion of no-confidence against the Vice-Chairman on the said Municipality.

(2.) The facts leading to filing of this writ petition by the petitioners may briefly be summarised.The Factual Matrix: Elections to various Municipalities in the State of Andhra Pradesh were held in March, 1995. Elections were held on the party basis and the political parties have set-up their candidates. The total strength of Proddutur Municipality is 39 including three Ex-Officio members. It is stated in the affidavit that out of 36 Ward members, 15 Ward members belong to "Congress party and 13 of them belong to Telugu Desham Party and 8 independent candidates were declared elected. One K.Subba Rao was elected as Chairman and he belongs to Congress. The first petitioner herein has been elected from the 10th Ward and belongs to Congress Party and whereas the second petitioner herein was declared elected from the 8th Ward as an independent candidate. Respondent No.3 was duly declared elected from 11th Ward of the Municipality and belongs to Congress Party and whereas the fourth respondent was declared elected as an independent candidate from 18th Ward. The three Ex-Officio members i.e., the Local Member of Parliament, local Member of Legislative Assembly and the Municipal Chairman all belong to Congress Party. One M. Chandra Obul Reddy is stated to have been duly elected as Vice-Chairman of the Municipality in April. 1995 itself and he belongs to Telugu Desam Party. One Councillor P. Vijaya Muni Reddy elected from 25th Ward on behalf of Congress party is stated to have died about six months back. The present strength of Proddatur Municipality is 38.

(3.) It is stated that 21 members of the Municipality issued notice under sub-section (2) of Section 46 of the A.P. Municipalities Act, 1955, for short 'the Act' and submitted the same to the second respondent expressing their intention to move a motion of no-confidence against the Vice-Chairman of the Municipality. The second respondent after following the procedure required by law issued notice dated 14-8-1997 convening the meeting of the Municipal Council to be held on 4-9-1997 at 11-00 a.m. in the Council meeting hall, for consideration of the said no-confidence motion moved against the Vice-Chairman. It is at this stage the first respondent passed the impugned order dated 3-9-1997 and the second respondent displayed notice on 4-9-1997 in the Notice board of the Office informing all the concerned that special meeting convened to be held on 4-9-1997 to consider the no-confidence motion against the Vice-Chairman "is stayed in view of the orders issued by the Andhra Pradesh Government in proceedings Memo No.1947/Ele-I/97-I M.A.dated 3-9-1997.