ALUSANI MOHAN KUMAR Vs. DISTRICT COLLECTOR KARIMNAGAR

JUDGEMENT

(1.) THE petitioner herein was elected as President of the Mandal Praja parishad (for short, "the Mandal Praja ; parishad"), Yellareddypet on 11. 6. 2006 and he assumed the office on 22. 7. 2006. The re spondents 4 to 17 herein, who wanted to move a no confidence motion against the petitioner, gave a written notice of their in tention to the 2nd respondent/revenue Divisional Officer, on 14. 7. 2008. However, the 2nd respondent by order dated 17-7-2008 refused to take further steps for convening a meeting to move the no confidence motion on the ground that such motion within two years from the date of assumption of the office of the President by the writ petitioner is impermissible under the first proviso to section 245 (1) of the A. P. Panchayat Raj Act, 1994 (for short, "the Act" ).

(2.) THEREAFTER, respondents 4 to 17 herein submitted another notice of intention dated 23. 7. 2008 to move the motion of no-confidence in Form II of the Rules made under g. O. Ms. No. 137 dated 27. 3. 1997. On the basis of the same, the 2nd respondent issued the impugned notice dated 23. 7. 2008 convening the meeting on 8. 8. 2008 for consideration of the motion of no confidence.

(3.) THE said notice dated 23. 7. 2008 is assailed in this writ petition on the ground that the same is barred by the second proviso to section 245 (1) of the Act, under which notice of motion against the same person cannot be made more than once during his term of office.