S A BEHAMEED Vs. REVENUE DIVISIONAL OFFICER BODHAN NIZAMABAD DIST
HIGH COURT OF ANDHRA PRADESH
REVENUE DIVISIONAL OFFICER, BODHAN, NIZAMABAD DIST
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(1.)1. In June 1970, the petitioner was elected Sarpanch of the Gram Panchayat of Bichkunda in Nizamabad District. The normal term of the office is five years. Thirteen members constitute the strength of the Gram Panchayat.
(2.)It is alleged in the petition that three members of the Gram Panchayat incurred the dibqualification to hold the office in consequence of the default in the payment of property-tax. Differences of opinion arose between the President and the members who according to him were disqualified. Written notice of the intention to make a motion expressing want of confidence, purporting to be in conformity with section 51 of the Gram Panchayat Act, was said to have been delivered in person to the Revenue Divisional Officer on July 12, 19711 Along with the notice another document which purports to be a copy of the motion is also stated to have been given. Thereupon, the Sub-Collector convened a meeting of the Gram Panchayat to be held on August 4, 1971.
(3.)It is alleged by the petitioner that the third respondent viz. The Divisional Panchayat Officer, Bodhan, sent a report to the Sub-Collector to the effect that one of the two persons who purported to deliver the notice under Section 51, Sri Mallikharjunappa Shetakar, was disqualified from acting as a member. This report was submitted on the basis of the enquiry conducted by him. Thereupon the Sub-collector appears to have formed the opinion that the preliminary requisite step for convening a meeting was not taken in accordance with law- It is the case of the petitioner that the Sub-Collector in fact handed over notices to his peon purporting to cancel the earlier notice convening the meeting. These notices were intended to be served on the members at Richkund which was at a distance of 50 miles from the headquarters of the Sub-Collector. The petitioner proceeds to state that "under the illegal directions and unlawful interference of the District Collector, Nizamabad, the notices cancelling the meeting were withdrawn".
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