( 1 ) IN Writ Petition No. 11641 of 1997, the petitioners who were members of Mandal Parishad, Manoor Mandal, Medak District, have challenged the declaration issued by the first respondent in Form No. VII declaring that the petitioners ceased to be the members of Mandal Parishad in view of the disqualification under Rule 8 of the Rules framed under Section 245 of A. P. Panchayat Raj Act. The said declaration was made pursuant to the proviso introduced to Rule 8 by G. O. Ms. No. 171, Panchayat Raj Department dated 19-4-1997. The proviso to Rule 8 of the Rules for moving the motion of no- confidence against President or Vice-President of Mandal Parishad etc. , introduced by G. O. Ms. No. 171 reads as follows:"provided that an elected Member of a recognised Political party shall cease to be a Member if he votes in disobedience to the directions issued by the Party Whip".

( 2 ) CLAUSE (iii) of the Explanation to the said Rule is also relevant. It says:"the said Officer shall, on receipt of a written report sent by the Party whip to the effect that a Member belonging to his party has disobeyed the Whip issued in connection with the meeting convened to express no-confidence within three days of the said meeting, declare in Form vii that the said member has ceased to hold office and the order of the said Officer shall be final. "

( 3 ) WRIT Appeal No. 1025 of 1997 is filed by co-opted member of Mandal parishad, Sirpur, Adilabad District on whose intimation, the petitioners in writ Petition No. 12403 of 1997 were disqualified as members on the basis of proviso to Rule 8. The writ petitioners challenged Form No. VII declaration issued by the Sub-Collector, Asifabad declaring that the petitioners ceased to be the members of the Mandal Parishad territorial constituencies and sought for a direction to allow them to continue as members. The writ petition was allowed by the learned single Judge, following his judgment in W. P. No, 13412 of 1997. Against this order, the Writ Appeal is filed by co-opted member, as already mentioned.

( 4 ) WRIT Appeal No. 995 of 1997 is preferred by the State Government and other official respondents in W. P. No. 13412 of 1997. That writ petition was filed by four members of Mandal Parishad territorial constituencies of yadagirigutta Mandal, Nalgonda District, Apprehending that they will be disqualified under the proviso to Rule 8 for voting in favour of no-confidence motion against President on the ground of violation of Party Whip, the said writ petition was filed. The prayer in the writ petition is to declare the g. O. Ms. No. 171, Panchayat Raj Department, dated 19-4-1997 as violative of constitutional provisions viz. , Article 243-F etc. , and the provisions of A. P. Panchayat Raj Act. By a judgment dated 19-8-1997, the learned single Judge struck down the amendment to Rule 8 made by G. O. Ms. No. 171 and allowed the writ petition. The learned Judge held that the amendment to Rule 8 by g. O. Ms. No. 171 was beyond the rule-making power of the State Government and it violates Article 14 of the Constitution for the reason that the said amendment is in breach of the fundamental principles of fair play and natural justice and therefore unreasonable and arbitrary.

( 5 ) IN the light of the facts narrated, the first question that arises for consideration in these writ appeals and writ petition is whether the proviso to Rule 8 introduced by G. O. Ms. No. 171, dated 19-4-1997 is ultra vires the provisions of the A. P. Panchayat Raj Act or the relevant provisions of the constitution. The first aspect of the above said question is whether the State government has authority to frame the impugned rule in exercise of its Rule- making power under Section 268 read with Section 245 of the A. P. Panchayat raj Act. The learned single Judge was of the view that just as in the case of section 153 (1) and Section 181 (1) dealing with elections to the posts of presidents and Vice-Presidents of Mandal Parishad and Chairman and V

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