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1998 Supreme(AP) 491

A.HANUMANTHU, P.VENKATRAMA REDDY
M. Mohan Rao – Appellant
Versus
Revenue Divisional Officer, Sangareddy, Medak Dist. – Respondent


( 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












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