S. S. HUSSAINI, J.

( 1 ) HEARD Mr. S. Ramachandra Rao, the learned Senior Counsel for the petitioners and the learned Advocate General for the Government. 1. Since the arguments in the W. P. M. Ps. and the Writ petition are one and the same, the main writ petition is being disposed of.

( 2 ) THE petitioners seek an appropriate writ, order or direction declaring the Rules issued by the Government in G. O. Ms. No. 137, Panchayat Raj and rural Development (Mandal-I) Department, dated 27-3-1997 and the amended g. O. Ms. No. 171, Panchayat Raj and Rural Development (Mandal-I) department dated 19-4-1997 as arbitrary, illegal and violative of principles of natural justice and fundamental rights guaranteed to the petitioners under articles 14, 16, 40 and 243-F of Constitution of India and also violative of provisions of A. P. Panchayat Raj Act, 1994.

( 3 ) IT is submitted by the petitioners in the affidavit filed in support of the writ petition that the A. P. Panchayat Raj Act, 1994 (Act No. 13 of 1994) was in force in the whole State of Andhra Pradesh from 13th, May 1994. Elections to the Mandal Parishad Territorial Constituencies were conducted in March, 1995 on the basis of a party system. The Mandal is divided into constituencies i. e Mandal Parishad Territorial Constituencies (M. P. T. C.) and the election of the President and Vice-President was conducted on the basis of the indirect election, i. e. , the elected M. P. T. C. Members will elect the President and Vice- president from among themselves.

( 4 ) IT is stated that the petitioners 1,3 and 4 herein were elected as Mandal parishad Territorial Constituency (M. P. T. C.) Members from Yadagirigutta no. 1, Kacharam and Datarapalli M. P. T. Cs. in Yadagirigutta Mandal of nalgonda District on the Telugu Desam Party symbol of cycle respectively. The 2nd petitioner herein has been elected as Member from Vartoor M. P. T. C. in Yadagirigutta Mandal of Nalgonda District on the C. P. I, symbol of sickle during the M. P. T. C. elections held in March, 1995 and the petitioners have been declared elected.

( 5 ) IT is further stated that as per Section 245 of the Act, a no-confidence motion has to be moved after being signed by one half of the total number of members of the Gram Panchayat or Mandal Parishad as the case may be. It is specified that no notice of motion under this section shall be made within 2 years from the date of assumption of office by the person against whom the motion is sought to be moved. It is further specified that no notice of motion shall be made against the same person more than once during his term of office. If the motion is passed by majority as required by sub-section (2) of section 245, the Government is the Authority to remove him from his office by issuing a notification. In Section 245 of the Act, it is specified that further action after giving the notice of no-confidence shall be taken in accordance with the procedure prescribed. Accordingly, the Government has prescribed the Rules relating to motion of no-confidence through G. O. Ms. No. 137, panchayat Raj and Rural Development (Mandal-I) Department, dated 27-3-1997. Rule 8 of the Rules specifies about the convening of meeting and the Authorised Officer who should convene (specified in Rule 2) and the authorised Officer shall read the motion for consideration of the meeting and shall put to the vote without any debate. The voting shall be by way of showing hands. The proviso to Rule 8 says that "provided that a member voting under sub-section (1) of Section 153 in disobedience of the party whip shall cease to hold the office forthwith and the vacancy caused by such cessation shall be filled as a casual vacancy. " Section 153 of the Act speaks about the election and term of office of President and Vice-President and the proviso of the said section speaks about the party whip and the cessation of office of a member who disobeys the said whip issued by the party. The above proviso has no application a