VITTA KRISTAPPA Vs. REVENUE DIVISIONAL OFFICER ADONI KURNOOL DISTRICT

JUDGEMENT

(1.) V. Kristappa was elected on 24th August, 1981 as Chairman by 32 Councillors of Adoni Municipality, Eighteen among them on 8th September, 1983. requisitioned a motion of non-confidence against him. A meeting of the Councillors was to held on 29th September, but was adjourned to 7th October, this Court. On 4th October, directed the meeting scheduled on 7th October, may be hold and result of the motion, in the meeting, was directed not to be announced.

(2.) The Andhra Pradesh Municipalities Act VI of 1965 was amended on 24th September, 1983 by the Act XIII 1983 (Amending Act), before the meeting was scheduled; in that, N. Prakash Jain, a local M. L. A., and B. Chandrasekhara Reddy, M.L.C., the two, were added Councillors of Adoni Municipality. Thus, the strength of the Council, as on the date of the meeting, is 34.

(3.) The Chairman, in this case, seeks a declaration, that the Amending Act is not retrospective in operation and the meeting of non confidence motion is governed by the procedure in un-amesded section 46 of the Act. 11 is argued on behalf of the Chairman, the Amending Act does not expressly recite to its retro activity and when considered from the standpoint of implications under section 8 of the Andhra Pradesh General Clauses Act I of 1981, it is argued, the Amending Act has BO retro activity. Since the proceedings were commended on 8th September, 1983, before the Amending Act was enforced, the motion of no confidence, it is argued, has to be considered from the standpoint of the provisions of the Act, without reference to the Amending Act. This contention is, principally, opposed by all the contestants.