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1999 Supreme(AP) 82

AVINASH SOMAKANT BHATE, M.S.LIBERHAN
Yeni Reddy Raghava Reddy – Appellant
Versus
Government Of A. P. , Secretary, Panchayat Raj Department Secretariat, Hyderabad – Respondent


M. S. LIBERHAN, C. J.

( 1 ) THE appellant (hereinafter referred as "the petitioner") was elected as the President of the Mandal Parishad, Prathipadu, constituting of 12 members. 8 out of the 12 members moved a motion for want of confidence in the President before the Revenue Divisional Officer, Guntur, on 7-11-1998. As a consequence of that, a notice was issued to the members for the proposed vote of no-confidence. The notice was issued on 9-11-1998 for the meeting to be held on 1 -12-1998 at 11. 00 a. m. The sole contention raised by the learned Counsel for the petitioner is that since the notice in Form-V did not have the copy of the proposed motion of no confidence in Form-11 as the true copy, inasmuch as it did not contain the names or signatures of the persons, who delivered the notice of no-confidence in Form-11 to the Revenue Divisional Officer, Guntur, the vote of no-confidence cannot be sustained.

( 2 ) THE learned Counsel for the appellant submitted that certain procedure is prescribed under the rules framed by the Government vide GO Ms. No. 200, Panchayat Raj and Rural Development (Mandal-I) dated 28/04/1998 relating to the Motion of No-Confidence in Upa-Sarpanch of Gram









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