SULEMAN BIN SAYEED Vs. DISTRICT COLLECTOR ADILABAD

JUDGEMENT

(1.) THE petitioner was elected as chair-person of the Kagaznagar Municipality, Adilabad district on 24. 09. 2005 and assumed the office on 30. 09. 2005. The Municipal Council comprises of 28 members. 20 members of the council submitted a requisition dated 03. 10. 2009 expressing want of confidence in the petitioner and submitted the same to the District Collector, Adilabad, 1st respondent herein. Thereafter, the Sub-Collector, asifabad, 3rd respondent herein issued notice dated 07 10. 2009 proposing to convene the meeting of the Municipal Council on 27. 10. 2009 to consider the motion of confidence against the petitioner. The same is challenged in this writ petition.

(2.) LEARNED counsel for the petitioner submits that the impugned notice dated 07. 10. 2009 does not accord with Section 46 of the A. P. Municipalities Act (for short 'the act' ). It is pleaded that the Act confers power upon the 1st respondent to fix the date of meeting to take up the motion of no confidence as well as to issue notice therefor, whereas the notice was issued by the 3rd respondent.

(3.) LEARNED Government Pleader for municipal Administration on the other hand submits that Section 46 of the Act empowers the District Collector to appoint the Sub-Collector to preside over the meeting and in that view of the matter, no exception can be taken to the impugned notice.