( 1 ) THE writ petition is filed by the elected President of the Mandal Praja parishad, Kalher Mandal. He is aggrieved by the action of the majority members of the Mandal Praja Parishad in expressing no confidence in him. He also complains that the procedure contemplated under Section 245 of the a. P. Panchayat Raj Act, 1994 (the act for brevity) and the Rules made under sub-sections (1) and (2) of Section 245 read with sub-section 268 of the A. P. Panchayat Raj Act, 1994 (hereafter called the Rules ) was not followed.

( 2 ) THE elections to Mandal Praja Parishad were conducted in March, 1995 and the petitioner was elected as President, Mandal Praja Parishad, Kalher. The Mandal Praja Parishad consists of eleven members. Seven members of the Mandal Praja Parishad gave a notice to the competent authority, the revenue Divisional Officer, Sanga Reddy, the first respondent herein, in Form no. II (appended to the Rules) enclosing a copy of the proposed resolution expressing no-confidence in the petitioner. Notice in Form II was signed by seven members. The proposed resolution was also signed by seven members. The first respondent after having considered the notice issued by seven members in Form II, initiated action as contemplated under Section 245 of the Rules (sic. Act ). He issued notice to all the members in Form V. Here, it is useful to notice Form V which is appended to the Rules; Lr. No. B4 2861/99. dt. 24-9-1999 to sri Padma Bapu Raju, president, member of M. P. T. C, kalher Mandal Parishad. Sir, whereas a notice of intention to make a motion expressing want of confidence in the Presidentof Kalher Mandal Parishad has been delivered to me as required under sub-section (2) of Section 245 of the Andhra pradesh Panchayat Raj Act, 1994. (Act No. 13 of 1994 ). Now, therefore, under sub-section (1) of Section 245 of the said Act, i hereby give notice that a meeting of the Mandal Parishad shall be held at the office of the Mandal Parishad on 11-10-1999 at 11. 30 a. m. for considering the said motion of no-confidence. A copy of the proposed motion of no-confidence is enclosed. Sd/- revenue Divisional Officer, sangareddy.

( 3 ) ACCORDING to the first respondent and the second respondent the notice in Form No. V was served on all the members of the Mandal Praja Parishad along with a copy of the proposed resolution signed by seven members. This is very seriously disputed by the petitioner. Indeed, this is the only serious contentious issue in this case.

( 4 ) AFTER the issue of Form V notice, the petitioner approached this Court by filing the present writ petition. He prayed for a Writ of Mandamus to declare the action of the first respondent in issuing the Form V notice dt. 24-9-1999 as illegal and contrary to the provisions of Section 245 of the Act and the Rules.

( 5 ) IN the affidavit filed in support of the writ petition, the petitioner states that the second respondent moved the resolution without notice to him and thereafter kidnapped all the members except Smt. Puranbal, who is the member of M. P. T. C. Sirgapur. The first respondent issued notice informing that a special meeting is scheduled to be held on 11-10-1999 at 11. 30 a. m. to consider the motion of No Confidence againsthim. The petitioner stated that under Rule 2, the members are required to serve the copy of the proposed motion on the petitioner along with Form Nos. I, II and III and as the said procedure was not followed, the issue of impugned proceedings in Form V is bad in law. He also submits that the impugned proceedings are in contravention of the Rules as well as the provisions of Section 245 of the Act. Except these two grounds, he has not raised any serious dispute as to factual aspects or as to legal aspects involved in this case.

( 6 ) THIS Court while ordering notice before admission directed that any resolution that may be passed on 11-10-1999 shall not be given effect to.

( 7 ) THE first respondent as well as the second respondent hav