S. B. SINHA, C. J.

( 1 ) WHILE passing an order disqualifying an elected member of Mandal Parishad territorial Constituency or President of a mandal Parishad in terms of Section 153 of a. P. Panchayat Raj Act, the principles of natural justice are required to be complied with is the question involved in these two writ Petitions.

( 2 ) BRIEFLY-NOTED, the facts are: The petitioner in W. P. No. 15631 is the President of Mudhole Mandal Telugu Desam Party. He was elected as member of M. P. T. C. , mudhole 6 to 12, Adilabad District and a declaration to that effect was issued by the Election Officer-4th respondent on 17-7-2001. In the election conducted for the post of President of Mandal Prarishad, mudhole, the petitioner and one Jadav subhash Rao-5th respondent obtained equal votes and the petitioner was elected as president on application of toss by the 4th respondent and he was accordingly declared to have been elected as President of mudhole Mandal.

( 3 ) WHILE things stood thus, the 4th respondent issued notice on 23-7-2000 stating that 5th respondent was issued b-From by Telugu Desam Party for contesting the post of President and a whip had been issued to vote in favour of the 5th respondent but the petitioner has disobeyed the same and voted against the party whip and got himself elected as President in support of other party members. He was, therefore, asked tb show cause as to why he should not be declared to have ceased the office of the M. P. T. cl Mudhole 6-12 and consequently the post of President of mandal Parishad, Mudhole for disobedience of the party whip issued by the Telugu desam Party, as per the provisions of section 153 (1) of the A. P. Panchayat Raj Act (for short the Act ) and the rules issued in g. O. Ms. No. 756 P. R. R. D. and Relief (Election iii) Department dated 30-11-1994 within three days from the date of receipt of the notice. The petitioner submitted his explanation explaining that at no point of time he was informed about the issuance of the whip and appointing 5th respondent as the whip of the party. Thereafter, 4th respondent issued proceedings dated 26-7-2001 declaring the petitioner as ceased to hold the office of MPTC, Mudhole 6 to 12 and the Office of President of Mandal parishad, Mudhole and Form No. V-C as required under the Rules was issued on 26-7-2001.

( 4 ) IN W. P. No. 15341, the petitioner was elected as member of Jayyaram Mandal parishad Territorial Constituency of ramagundam Mandal on the ticket of indian National Congress (INC ). His case is that he resigned from the party on 18-7-2001 and contested as an independent candidate for the post of President of Ramagundam mandal Parishad held on 22-7-2001. The official candidate of the INC and the petitioner secured five votes each and on application of draw of toss, the petitioner was declared elected as President. On the basis of the letter of the whip of 5th respondent dated 22-7-2001 that the petitioner disobeyed the party whip in connection with the election to the post of president, the 4th respondent issued the declaration in Form No. V-C under sub- rule (7) (i) and (7) (ii) of Rule 13 and Rule 26 of the Andhra Pradesh Conduct of Election of Member (Co-opted) and President/vice- president of Mandal Parishad and Member co-opted) and Chairman/vice-Chairman of Zilla Parishad Rules, 1994 (for short the rules ) declaring the petitioner to have ceased to be a member of M. P. T. C. Jayyaram.

( 5 ) THE learned Counsel appearing for the petitioner in W. P. No. 15341 of 2001 would submit that before issuing the above order no notice was issued nor any opportunity of being heard was afforded and, therefore, the order is violative of the principles of natural justice. He would further urge that the petitioner was ceased to be a member of INC on 18-7-2001 and that he has not received any whip and as such the question of disobeying the same does not arise. Even section 153 of the Act does not provide that a person who disobeyed the party whip

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