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2001 Supreme(AP) 344

V.V.S.RAO, S.B.SINHA
Jonnalagadda Pulla Rao – Appellant
Versus
Government Of A. P. , Irrigation and C. A. D. Dept. – Respondent


S. B. SINHA, C. J.

( 1 ) THE question which arises for consideration is as to whether Rule 8 of the andhra Pradesh Farmers Management of irrigation Systems Rules, 1997 (for short, the Rules ) is ultra vires Section 10 of the andhra Pradesh Farmers Management of irrigation Systems Act, 1997 (for short, the act ).

( 2 ) THE basic fact of the matter is not in dispute. The petitioner herein was elected as President of No. 12 Somavaram Water users Association, which is an Association envisaged under the said Act. On or about 26-2-2000, the 4th respondent issued notices to 128 members of the said Association asking them to attend the Motion to recall the petitioner whereafter, an order dated 1-7-2000 was issued, which is to the following effect:"total members attended to this general Body Meeting. . . . . . . 126 in the beginning of this meeting, the authorised Officer, the Sub-Collector, vijayawada, read the recall notice proposal put upon the President, no. 12 Somavaram Water Users society on the voting by lifting the hands. Out of members of 126,124 members who attended supported the proposal of recall, expressed their support by lifting their hands in voting. As the votes were







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