MENDAGUTHITI VEERA VENKATA ANAND Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioners in W. P. Nos. 4628, 4863, 5055 and 5193 of 2009 were elected as Upa-Sarpanches of different Gram Panchayats. The petitioners in W. P. Nos. 6429 of 2009 were elected as Presidents of Mandal parishads, and petitioner in W. P. No. 4766 of 2009 was elected as Vice-President of mandal Parishad. The election to the said offices is indirect. While the Upa-Sarpanches of the Gram Panchayats are elected from among the Ward Members, the Presidents and Vice-Presidents of Mandal Parishads are elected from among the Mandal Parishad territorial Constituency Members (MPTC ). The procedure in this regard is prescribed by the A. P. Panchayat Raj Act, 1994 (for short 'the Act') and the Rules made thereunder.

(2.) SECTION 245 of the Act provides for motion of No-Confidence against Upa-Sarpanches of Gram Panchayats, and presidents or Vice-Presidents of Mandal parishads, etc. The requisition for tabling the Motion of No-Confidence is to be signed in the prescribed form, by not less than one-half of the Members of Gram panchayat, or mandal Parishads, as the case may be. The revenue Divisional Officer of the concerned area is conferred with the power to issue notices in the prescribed form, under the rules published in G. O. Ms. No. 200, dated 28-4-1998, proposing to convene a meeting, to take up the Motion of No-Confidence, if he finds that the requisition is according to law. First proviso to Section 245 of the Act prohibits the Motion of No-Confidence within two years from the date of assumption of the office, by the person, against whom it is sought to be moved.

(3.) NOTICES were issued by the requisite number of Members of the Gram panchayat or MPTC, indicating their intention to express want of confidence against the Upa-Sarpanches of Gram Panchayats, Presidents or Vice-Presidents of Mandal Parishads, who are parties to these writ petitions. Notices in the prescribed forms were issued by the concerned Revenue Divisional Officers. However, before the meetings were held, the A. P. State Legislature amended section 245 of the Act, and in particular, the first proviso. The period of 'two years', mentioned in that provision, is enhanced to 'four years'. In other words, the period of ban against moving the Motion of No-Confidence under that provision is now stipulated as 'four years' from the date of assumption of office.