P PERI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These three Writ Petitions arise out of a Motion of No-Confidence proposed to be moved against the Vice-President of Rentachinthala Mandal Praja Parishad of Guntur District. As common questions of fact and law arise for consideration, they are being disposed of by a common order.

(2.) The petitioner in W.P.No. 31876/1998 was elected as Vice-President of the said Mandal Praja Parishad which comprises of 12 members. The petitioner in W.P.No. 31877/1998 is the President and petitioners in W.P.No.32161 /1998 are Members thereof. Six Members belonged to Congress Party and six to Telugu Desam Party. Eight out of 12 members gave a written notice of intention to move No Confidence Motion against the petitioner and on receipt of such a Motion, respondent No. 2 issued notice in Form No. V in R.C.No.2167/98-C, dated 28-10-1998 informing all the Members that a meeting of Mandal Praja Parishad, Rentachinthala shall be held at the Office of Mandal Praja Parishad on 20-11-1998 at 2 p.m. for considering the said Motion of No- Confidence.

(3.) It is the case of the petitioners in all the Writ Petitions that the Notice of intention to move the Motion is required to be given in Form No. II as contemplated by Section 245 of A.P. Panchayat Raj Act, 1994, for short the 'Act', and Rule 2 of the Rules made thereunder, but the same was not given in Form No. II. It is also their case that the said notice of Motion was not delivered by 2 Members who signed such Motion as required by law. A notice is said to have been given to respondent No. 2 requesting him to furnish photostat copy of Form No. II on 5-11-1998 and it was received by him on 6-11-1998, but there was no response from him and it is dear from his silence that no notice in Form No. II was given and hence the meeting proposed to be held on 20-11-1998 is illegal.