G HANUMANTHA REDDY Vs. GRAM PANCHAYAR POLKAMPALLY VILLAGE

JUDGEMENT

(1.) The short question involved in this Writ Petition is whether the petition filed by a member of the Gram Panchayat under section 22 of the Andhra Pradesh Gram Panchayat Act, here in after called "the Act" can be rejected on the ground that no notice under section 144 of the Act was given to the Gram Panchayat.

(2.) The facts which gave rise to this question may briefly be stated. The petitioner was elected as a member of the Gram Panchayat of Polkampalli in Kalvakurthy Block of Mahbubnagar District. The 1st respondent alleged that the petitioner has failed to pay profession tax of Rs.6 for the year 1964-65, in spite of a demand notice being served upon him. It was therefore alleged that the petitioner has incurred disqualification under section 20 (J) of the Act. On 27th July, 1965, the 1st respondent intimated the petitioner by the notice dated 16th July, 1965 under section 22 of the Act that the petitioner has ceased to bo a member of the said Gram Panchayat. The contention of the petitioner was that he has already paid the profession tax for the year 1964-65 one month prior to 23rd December, 1964. It was intimated to the Gram Panchayat through his reply dated 5th January, 1965. On these facts his contention was that he has not incurred the disqualification and consequently has not ceased to be a member of the Gram Panchayat. In order to get this dispute settled, he filed an application under section 22 of the Act to the Munslf-Magistratt, Kalwakurthy. The Munsif-Magistrate dismissed the petition in limine on the ground that no notice under section 144 of the Act was given to the Gram Panchayat before the legal proceedings were initiated. It is this order of the Munsif-Magistiate that is now challenged in this writ petition.

(3.) The same contention is raised before me, that is to say, that no notice was necessary under section 144 before a petition under section 22 is filed before the Munsif Magistrate. In order to understand the implications of this contenion, I must read section 22. The relevant portion of that section is as follows :