SRIGIRI PADMA Vs. DISTRICT CALLECTOR KARIMNAGAR

JUDGEMENT

(1.) THE petitioners in W. P. Nos. 17094 and 17095 of 2008 were elected as President and Vice-President respectively of the Thimmapur Mandal Parishad, Karimnagar District in the year 2006. They are said to have assumed office on 22. 07. 2006.

(2.) TEN Members of the Mandal Parishad submitted separate notices, dated 22. 07. 2008, in Form-ll of the Rules published in G. O. Ms. No. 200, dated 28. 04. 1998 (for short 'the Rules'), to the Revenue Divisional Officer, Karimnagar, with a prayer to convene meeting of the Mandal Parishad to take up the motion of no confidence against the President and Vice President of the Mandal Parishad. Acting on the requisitions, the Revenue Divisional Officer issued notice, dated 24. 07. 2008, in Form-V of the Rules proposing to convene the meeting of the Mandal Parishad on 18. 08. 2008, to consider the motion of no confidence against the President and Vice President. The motion of no confidence against both of them was carried and consequential orders were also issued. W. P. Nos. 17094 and 17095 of 2008 are filed assailing the proceedings, leading to the unseating of the President and Vice President. It is urged that the requisitions in Form-ll of the Rules were presented before expiry of two years and thereby, the whole proceedings are vitiated by operation of first proviso to Section 245 (1) of the A. P. Panchayat Raj Act (for short 'the Act' ). W. P. No. 22896 is filed by one of the Members of the Mandal Parishad, with a prayer to direct the authorities under the Act and the Rules to take necessary steps to fill the resultant vacancies.

(3.) NO procedural irregularity is pointed out as to the presentation of requisitions in Form-ll of the Rules vis-a-vis the posts of President and Vice-President, or the manner, in which the resolutions expressing want of confidence, were passed. The only objection is as to the very permissibility of submission of the requisitions in Form-ll, on the ground that it is violative of first proviso to 245 (1) of the Act. The relevant proviso reads as under :