M SATYANARAYANA REDDY Vs. REVENUE DIVISIONAL OFFICER KURNOOL

JUDGEMENT

(1.) This writ petition is filed by six petitioners. All of them are members of Mandal Praja Parishad of Gudur Mandal, Kurnool District. The second respondent is the elected President of the said Mandal Praja Parishad. It appears that the first three petitioners are originally members of the Telugu Desam Party and got elected as candidates of the said party. The total strength of the above mentioned Mandal Praja Parishad, is ten. One of the members resigned and the consequential vacancy is not filled up by holding election. In the result, there are nine members in the Mandal Praja Parishad at present, whose total strength is ten.

(2.) It appears, on account of some differences between the first threepetitioners and the second respondent, the first three petitioners resigned from the Telugu Desam Party. They along with the other three petitioners, sought to move a 'No Confidence Motion' against the second respondent and the same was taken up for consideration by the first respondent, who is the competent authority under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, on 5-1-1998. It appears, all the petitioners i.e., six in number voted in favour of the 'No Confidence Motion'. The second respondent and two others voted against the 'Motion'. It appears that the first respondent, however, invalidated the votes of the first three petitioners herein, on the ground that they voted against the 'whip' issued by the Telugu Desam Party and consequently held that 'No Confidence Motion' was defeated.

(3.) Aggrieved by the said decision of the first respondent, the petitionersfiled Writ Petition No.735 of 1998 on the file of this Court. The matter was heard by a learned single Judge of this Court and allowed the said W.P. by a judgment dated 31-7-1998 following a Division Bench judgment of this Court in Samala layaramaiah vs. Govrnment of Andhra Pradesh and others. The learned single Judge held that the decision of the first respondent in invalidating the votes of the first three petitioners is illegal and quashed the proceedings of the first respondent herein dated 5-1-1998. After making the above mentioned declaration, the learned singe Judge directed the first respondent to take appropriate action, in accordance with the provisions of the Andhra Pradesh Panchayat Raj Act, 1994.