- (1.)This Writ Petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondent in issuing the proceedings ROC No. 373/99/C3, dated 1-11-2000 in disqualifying the petitioner from the post of Municipal Councilor for 18th Ward of Mandapeta Municipality, Mandapeta, East Godavari District as illegal and arbitrary and consequently to set aside the same and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.
(2.)It is submitted that the petitioner was elected as Municipal Councillor for the 18th Ward of Mandapeta Municipality, Mandapeta, East Godavari District during the elections held in the month of March, 2000. While so, he was convicted for the offence under Section 34 (a) of A.P. Excise Act in C.C.No. 88 of 1992 on the file of the Judicial First Class Magistrate, Alamuru and was sentenced to undergo imprisonment for six months which was confirmed in appeal by this Court. The respondent-Commissioner has received information from the Sub-Inspector of Prohibition and Excise, Alamuru through his letter dated 27-10-2000 regarding the conviction of the petitioner in a criminal case and on the basis of the said intimation, the respondent-Commissioner passed the impugned proceedings disqualifying the petitioner for the post of Councillor of the 18th Ward of Mandapeta Municipality since he has incurred disqualification under Section 16(1) (A) of the A.P. Municipalities Act, 1965 (for short "the Act'). Assailing the correctness of the impugned proceedings passed by the respondent-Commissioner, the present writ petition is filed.
(3.)Learned Counsel for the petitioner submits that the respondent-Commissioner has no power under the Act to disqualify the Councillor of the Municipality. He further submits that under Section 17 of the Act if the Municipal authorities receive information from any voter or any authority that a councilor of a Municipality has incurred disqualification, that information has to be given to the Councillor and if that particular councilor disputes the same, the same has to be placed before the Council or the Municipal authorities have to obtain permission from the Government and then only the matter, has to be referred to the competent Civil Court for its determination and till such time, the Councillor, who alleged to have incurred disqualification, shall continue in the office and without following the procedure contemplated under Section 17 of the Act, the respondent Commissioner has passed the impugned order disqualifying the Councillor assuming that he is empowered to do so.