SMT. VELPULA PRASANTHI Vs. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) In the elections conducted in June 2014 to the Kanchikacherla Mandal parishad, petitioner was elected as President. On 7.9.2018, 14 Mandal Parishad Territorial Constituency Members moved motion of no confidence against the petitioner. Responding to the said motion of no confidence, third respondent/Revenue Divisional Officer being competent authority, issued notice in Form-V, which was served on the petitioner on 12.9.2018, informing the petitioner about convening of meeting of the Mandal Praja Parishad to consider the motion of no confidence on 25.9.2018 at 10.30 AM. Aggrieved by the said notice in Form- V, petitioner filed W.P.No.33345 of 2018. Learned single Judge of this Court by order dated 17.9.2018 made in I.A. No.1 of 2018 holding that notice did not comply 15 days time required between date of issuance of Form-V notice and the date on which meeting was scheduled, whereas, said period is mandatory, granted interim direction staying all further proceedings pursuant to Form-V notice dated 10.09.2018.

(2.) Territorial Constituency Member by name Maganti Pulla Rao preferred W.A.No.1326 of 2018 challenging the interim order of the learned single Judge. Division Bench of this Court heard and by order dated 05.10.2018 disposed of the Writ Appeal and Writ Petition. Holding that the notice did not comply the minimum time required between the date of notice in Form-V and date of convening of meeting of Mandal Praja Parishad to consider the motion of no confidence, the Form-V notice issued was set aside. However, liberty was granted to the competent authority to act on the representation given against the writ petitioner in accordance with law as expeditiously as possible.

(3.) Pursuant to the disposal of the Writ Appeal and Writ Petition, Revenue Divisional Officer issued fresh Form-V notice dated 11.10.2018 served on petitioner on 12.10.2018 fixing 31.10.2018 as date to conduct Mandal Praja Parishad meeting to consider the no confidence motion resolution at 10.30 AM. This notice is challenged in this writ petition.