MOHAN RAO M Vs. R D O

JUDGEMENT

(1.) In Writ Petition No. 11641 of 1997, the petitioners who were members of Mandal Parishad, Manoor Mandal, Medak District, have challenged the declaration issued by the first respondent in Form No. VII declaring that the petitioners ceased to be the members of Mandal Parishad in view of the disqualification under Rule 8 of the Rules framed under Section 245 of A.P. Panchayat Raj Act. The said declaration was made pursuant to the proviso introduced to Rule 8 by G.O.Ms.No. 171, Panchayat Raj Department dated 19-4-1997. The proviso to Rule 8 of the Rules for moving the motion of no- confidence against President or Vice-President of Mandal Parishad etc., introduced by G.O.Ms.No. 171 reads as follows:

(2.) Clause (iii) of the Explanation to the said Rule is also relevant. It says:

(3.) Writ Appeal No. 1025 of 1997 is filed by co-opted member of Mandal Parishad, Sirpur, Adilabad District on whose intimation, the petitioners in Writ Petition No. 12403 of 1997 were disqualified as members on the basis of proviso to Rule 8. The writ petitioners challenged Form No. VII declaration issued by the Sub-Collector, Asifabad declaring that the petitioners ceased to be the members of the Mandal Parishad territorial constituencies and sought for a direction to allow them to continue as members. The writ petition was allowed by the learned single Judge, following his judgment in W.P.No, 13412 of 1997. Against this order, the Writ Appeal is filed by co-opted member, as already mentioned.