S VARADARAJULU Vs. DISTRICT REVENUE OFFICER WEST GODAVARI ELURU
LAWS(APH)-1971-3-33
HIGH COURT OF ANDHRA PRADESH
Decided on March 25,1971

S.VARADARAJULU Appellant
VERSUS
DISTRICT REVENUE OFFICER, WEST GODAVARI, ELURU Respondents

JUDGEMENT

- (1.) Twenty for elected councilors of the Eluru Municipal Counsel presented a notice of motion expressing want of confidence in the Chairman of the Municipal Council, under Section 46 (2) of the Andhra Pradesh Municipalities Act, to the Collector West Godavary at Eluru in person on 2-2-1971. The District Collector received the notice personally and put up a note to the following effect: "D. R. O./PA. please examine and put up urgently. This was presented to me by Sri. N. Subba Rao, Sri Srirama Prasad, Sri K. Ramachandra Rao and Sri F. E. Burder personally today."
(2.) Thereafter a notice was issued by the District Revenue Officer Sri K. Satyanarayana in the following terms: "Whereas a written notice of intention to move a motion expressing want of confidence in the present chairman of Eluru Municipal Council Sri Toota Lakshmi Surya Satyanarayana signed by 24 councilors, has been delivered to the District Collector, West Godavari by Sri N. Srihari Rao, Sri Koma Ramachandra Rao and Sri. F. E. Burder elected Municipal Councilors and whereas a meeting of the Municipal Council has to be convened for the consideration of such motion. notice is hereby given to all the elected councilors of the Eluru Municipal Council under Section 46 (3) of the Andhra Pradesh Municipalities Act. 1965 that a meeting of the Municipal Council, Eluru, will be held by the District Revenue Officer, West Godavari,. Eluru at the Municipal Office, Eluru at 11 a.m. on Saturday the 27th day of February 1971 for the purpose of considering the no-confidence motion referred to above........."
(3.) It is to challenge this notice that the present writ petition has been filed by the Chairman and other Municipal Councilors.;


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