P RAMACHANDRAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is the elected President of Mandal Parishad, Kulcharam, Approached this Court in a very peculiar circumstance. The respondents 3 to 7 served notice under Rule 2 of the Rules read with Section 245 of the A.P. Panchayat Raj Act, 1994 ('the Act' for brevity). These rules, which govern the passing of no confidence Motions, are made by the Government under Section 268 read with sub-sections (1) and (2) of Section 245 of the Act. Be that as it may, the notice in Form No. II, along with a copy of the resolution, expressing want of confidence was served on the second respondent on 22- 10-1999. After receiving the same, as required under Rule 3, the second respondent sent notices in Form No. V, enclosing a copy of the proposed resolution, informing the respondents 3 to 7 and other members of the Mandal Parishad that a meeting shall be held on 17-11-1999 for considering the Motion of no confidence given by the respondents 3 to 7. It is now alleged that on 27-10-1999 itself the respondents 3 to 7 sent a letter/joint representation to the second respondent informing that they have changed their mind and it is their desire that the petitioner should alone continue as President of Mandal Parishad.

(2.) After the respondents 3 to 7 sent joint/common representation to the second respondent the petitioner has approached this Court just two days before the scheduled meeting on 17-11-1999, complaining that the second respondent without causing any enquiry and without satisfying with regard to the intention of the members, is proceeding to convene the meeting on 17-11-1999. This is complained as illegal and arbitrary.

(3.) Section 245 of the Act says that a motion expressing want of confidence in the President of the Mandal Parishad shall be by giving written notice of intention to move the motion in the form as prescribed, and the competent authority is required to act on such notice in accordance with the rules prescribed under the Act. If the motion is carried with the support of not less than 2/3rd of the total members, the Government shall, thereupon, by notification, remove the President from the Office. The method and manner of conducting a meeting by the Officer concerned, in this case Revenue Divisional Officer, is prescribed by the Rules. Rule 3 is relevant and it states that after receiving notice of intention in Form No. II, the Revenue Divisional Officer shall give every member the notice in Form No. V, of not less than 15 clear days within a period of 30 days after receipt of the notice in Form No. II and convene a meeting for considering the motion of No Confidence. Rule 7 is all the more important. It reads as follows: