Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, K.C.BHANU
Medasani Venkateswara Rao - Appellant
Versus
Municipal Corporation of Vijayawada - Respondent
Decided On : 11-03-03
Hyderabad Municipal Corporations Act, 1955 – Section 674 – Municipal Corporation – Appointments – Court not find any legal infirmity in order passed by learned single Judge dismissing writ petition filed by appellant herein challenging action of respondent Corporation in appointing respondents 4 to 8 as its Standing Counsel through its resolution jurisdiction of Municipal corporation of Vijayawada to appoint standing counsel in terms – Held, Government of Andhra Pradesh are required to notice that guidelines contained in nature of executive instructions and they cannot supersede statutory provisions under Section 674 of Hyderabad municipal Corporations Act, 1955 apart learned Judge recorded a clear finding that appointments made by municipal Corporation were only temporary in nature and some cases were entrusted to each one of standing counsel appointed under its resolution – Application stand dismissed.
( 1 ) WE do not find any legal infirmity in the order passed by the learned single Judge dismissing the writ petition filed by the appellant herein challenging the action of the respondent Corporation in appointing respondents 4 to 8 as its Standing Counsel through its resolution dated 15-10-2001 and 16-10-2001. The jurisdiction of the Municipal corporation of Vijayawada to appoint the standing counsel in terms of Section 674 of hyderabad Municipal Corporations Act, 1955, is not in dispute before us.
( 2 ) SRI Deepak Bhattacharjee, learned counsel for the appellant, however, contends that even if the Municipal Corporation had the power to make such appointment, the same should be in conformity with the Rules issued in G. O. Ms. No. 187 dated 6-12-2000 by the Government of Andhra Pradesh. We are required to notice that the guidelines contained in G. O. Ms. No. 187 dt. 6-12-2000 are in the nature of executive instructions and they cannot supersede the statutory provisions under Section 674 of Hyderabad municipal Corporations Act, 1955. That apart, the learned Judge recorded a clear finding that the appointments made by the municipal Corporation were only temporary in nature and some cases were entrusted to each one of the standing counsel appointed under its resolution.
( 3 ) THE resolution, in our considered opinion, is not vitiated and does not suffer from any legal infirmity requiring any correction in exercise of jurisdiction under clause 15 of Letter Patent. The writ appeal fails and shall accordingly stand dismissed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.