P RAJAMALLU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners who are four in number assailing the notification dated 21-3-2006 issued by the Commissioner, Yellandu Municipality, inviting applications from the eligible persons to be co-opted as members of council.

(2.) THE petitioners are the members of the Municipal Council of Yellandu municipality. The Municipal Council came to be constituted and its first meeting was held on 30th September, 2005. The commissioner, Yellandu Municipality issued notification on 21-3-2006 inviting applications for being co-opted as members of the council. The writ petitioners challenged the notification on the ground that the commissioner has no power to issue a notification after sixty days from the date of the 1st meeting of the Council appointed by the Election Authority. For better understanding the grievance of the petitioners, i deem it appropriate to refer para 7 of the writ affidavit and it reads as hereunder:

(3.) RULE nisi came to be issued on 23-3-2006 and an interim stay of all further proceedings pursuant to the impugned notice also came to be granted on the even date vide W. P. M. P. No. 7418 of 2006. The 2nd respondent Municipality filed counter and moved W. V. M. P. No. 2135 of 2008 with a prayer to vacate the interim order, dated 23-3-2006 passed in WP. M. P. No. 7418 of 2006. 1st Respondent also filed counter affidavit.