BAPU RAJA P Vs. R D O

JUDGEMENT

(1.) The writ petition is filed by the elected President of the Mandal Praja Parishad, Kalher Mandal. He is aggrieved by the action of the majority members of the Mandal Praja Parishad in expressing no confidence in him. He also complains that the procedure contemplated under Section 245 of the A.P. Panchayat Raj Act, 1994 (the 'Act' for brevity) and the Rules made under sub-sections (1) and (2) of Section 245 read with sub-section 268 of the A.P. Panchayat Raj Act, 1994 (hereafter called 'the Rules') was not followed.

(2.) The elections to Mandal Praja Parishad were conducted in March, 1995 and the petitioner was elected as President, Mandal Praja Parishad, Kalher. The Mandal Praja Parishad consists of eleven members. Seven members of the Mandal Praja Parishad gave a notice to the competent authority, the Revenue Divisional Officer, Sanga Reddy, the first respondent herein, in Form No. II (appended to the Rules) enclosing a copy of the proposed resolution expressing no-confidence in the petitioner. Notice in Form II was signed by seven members. The proposed resolution was also signed by seven members. The first respondent after having considered the notice issued by seven members in Form II, initiated action as contemplated under Section 245 of the Rules (sic. Act). He issued notice to all the members in Form V. Here, it is useful to notice Form V which is appended to the Rules; Lr.No. B4 2861/99. dt. 24-9-1999 To Sri Padma Bapu Raju, President, Member of M.P.T.C, Kalher Mandal Parishad. Sir, Whereas a notice of intention to make a motion expressing want of confidence in the Presidentof Kalher Mandal Parishad has been delivered to me as required under sub-section (2) of Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994. (Act No. 13 of 1994). Now, therefore, under sub-section (1) of Section 245 of the said Act, I hereby give notice that a meeting of the Mandal Parishad shall be held at the office of the Mandal Parishad on 11-10-1999 at 11.30 a.m. for considering the said motion of no-confidence. A copy of the proposed motion of no-confidence is enclosed. Sd/- Revenue Divisional Officer, Sangareddy.

(3.) According to the first respondent and the second respondent the notice in Form No. V was served on all the members of the Mandal Praja Parishad along with a copy of the proposed resolution signed by seven members. This is very seriously disputed by the petitioner. Indeed, this is the only serious contentious issue in this case.