KONDLA SUBBAYAMMA Vs. SUB-COLLECTOR

JUDGEMENT

(1.) ELECTIONS to the Mandal Parishad, Devipatnam were held on 28. 06. 2006. The parishad comprised of 9 territorial constituencies. The 1st petitioner and respondents 4 and 5 were elected as nominees of Telugu Desam Party. The 2nd petitioner was elected as independent. The petitioners herein were elected as president and Vice-President respectively of the Mandal Parishad.

(2.) RESPONDENTS 4 and 5 submitted their resignation to Telugu Desam Party on 21. 01. 2009. One day thereafter, they along with three other members signed the notices in Form-II prescribed under the Rules published in G. O. Ms. No. 200 dated 28. 04. 1998 and delivered the same to the Sub-collector, Rampachodavaram, 1st respondent herein, with a request to convene a meeting of the Mandal Parishad, to express lack of confidence in the petitioners. The resolutions were carried out as scheduled.

(3.) THE petitioners submitted a representation to respondents 1 to 3 with a request to disqualify respondents 4 and 5 under Section 153 (1) of the a. P. Panchayat Raj Act (for short 'the Act' ). This writ petition is filed for a declaration that the action of respondents 1 to 3 in not disqualifying respondents 4 and 5 as illegal, arbitrary and contrary to Section 153 of the act.