M GOVINDIAH PRESIDENT PANCHAYAT SAMITHI TALLURU DARSI TALUK NELLORE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition for issue of a writ of certiorari quashing the result of the voting recorded by the Revenue Divisional Officer, Kandukur, at a meeting on 22nd April, 1961.

(2.) In order to understand the matters arising for consideration it is necessary to state a few" facts. The petitioner is the President of the Panchayat Samithi, Talluru, Darsi taluk, Nellore district. The Samithi consists of Presidents of 34 Panchayats. It appears that on 26th March, 1961, a written notice of a motion of no-confidence against the petitioner was presented signed by 20 persons of whom it is stated only 18 were qualified to be members entitled to attend and take part in any meeting convened to consider the said motion. The other two, viz., Dosakayala Vagireddy, President of the Panchayat Board of Kallampalli and Pokuri Tirupathiah, President of the Panchayat Board of Samanthapudi, were not qualified by reason of their not having taken the oath of loyalty as required under section 65 of the Panchayat Samithis and Zilla Parishads Act (Andhra Pradesh Act No. XXXV of 1959), hereinafter called the Act. On receipt of the requisition, a notice was issued for 22nd April, 1961 at 1 P.M. by the Revenue Divisional Officer in compliance with the provisions of section 33 in the form prescribed by rule 27 (2) for considering the said motion of no-confidence. On the date of the meeting, the aforesaid two presidents of the Panchayat Boards expressed a desire to take the oath of allegiance and wanted to participate in the deliberations of the meeting of no-confidence. The Taluk Development Officer, who was present, stated that the said two persons viz., Dosakayala Vagireddy and Pokuri Tirupathiah were elected as Presidents of the Panchayat Boards of Kallampalli on 18th January, 1961 and of Samanthapudi on 30th January, 1961 respectively. There was only one meeting of the Samithi on 3oth March, 1961, which was also adjourned for want of quorum.

(3.) Two objections were filed by one Kasi Reddy, M.L.A., and the President of the Panchayat Samithi, Talluru, through Kasi Reddy. The objection raised was that the presiding officer who is to consider the no-confidence motion was not empowered to take oath nor any oath-taking subject had been included in the agenda for which due notice must be given. These objections were overruled and the two members were permitted to take the oath. Thereafter, a no-confidence motion was passed by the 22 members who were present, i.e., by three-fifths of the total number of members of the Samithi.