( 1 ) THE petitioner is the elected president of Velgatur Mandal Parishad. He was elected in March, 1995. It appears that on 21-3-1997 some members of the Mandal Parishad sought to move a no Confidence Motion against the petitioner, which was rejected by the 3rd respondent by his endorsement No. E/466/97, dated 21-3-1997.

( 2 ) LATER, one Mr. V. Narsimha Reddy, sought to move another No Confidence Motion and consequent upon the said move, the 3rd respondent issued notice of motion of no confidence in E/466/97 dated 30-3-1997, fixing the dale of motion as 15-4-1997. Questioning the said notice, the petitioner, it appears moved the Government and the Government by its Proceedings dated 10-4-1997 suspended the proceedings of the 3rd respondent mentioned above.

( 3 ) IT appears that again notice was issued by the third respondent on 15-4-1997 calling for the meeting on 5-5-1997 for the purpose of considering a No Confidence Motion against Ihe petitioner. It is this notice which is challenged in [he present Writ Petition.

( 4 ) THE third respondent filed a counter-affidavit Six persons filed Implead Pelition-WPMP No. 25336 of 1997 which was ordered on 5-11-1997.

( 5 ) THE learned Counsel for the petitioner submits that in view of Ihe proviso to Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter referred to as the Act ), Written notice of intention shall be made against the same person notmore than once during his term of office and in the instant case, as No Confidence Motion was moved earlier by the first implead petitioner herein, which was rejected by the 3rd respondent by his Proceedings dated 23-3-1997 mentioned earlier the present No Confidence Motion would be the second one. which is prohibited under the Second Proviso to Section 245 of the Act.

( 6 ) SECONDLY the learned Counsel for the petitioner submits that in view of Ihe suspension orders passed by the Honourable Minister suspending the second notice of No-Confidence Motion earlier, the present notice is totally illegal,

( 7 ) FOR the sake of convenience, I shall deal with the second submission. A copy ofthe order of the Honourable Minister dated 10-4-1997 by which the notice of the 3rd respondent dated 30-3-1997 was suspended is placed before me. The contents of the said order are as follows:"government of Andhra Pradesh panchayat Raj and Rural Development (Mdl. II) Dept. Nicnet message: 4256/mdi-II/97-l, dated 10-4-1997. From The Principal Secretary to Government, Panchayat Raj and Rural Development (Mdl-II)Dept. ; A. P. Secretariat, Hyderabad. To The Revenue Divisional Officer, Peddapally, Karimnagar Dist. According to Rule (3) of the Rules relating to Motion of No-Confidence in Upa-Sarpanch of Gram Panchayat or Vice-President/president of Mandal Parishad or Vice-Chairman/chairman of Zillaparisliad under sub-sections (1) and (2) of Section 245 issued in G. O. Ms. No. 137, PR and RD (Mdl. II) Dept. 27-3-1997 a notice shall be given not less than 15 clear days excluding date of notice and date ofthe proposed meeting. It has been brought to the notice of the Government that in the case of No-Confidence Motion against the President, Mandal Parishad Velgatoor, Karimnagar District, a notice was served only on 4-4-1997 to the Members of Velgatoor Mandal Parishad for convening a meeting on 15-4-1997 by the RDO Peddapally. It is clear that the RDO failed to follow the requirements laid down under the Rules and not allowed the 15 days clear time for serving of notice to the members before the meeting is fixed. Therefore, the notice issued by the RDO in his Ref. No. E/466/97 dated 30-3-1997 and served on 4-4-1997 is hereby suspended. The RDO, Peddapally, Karimnagar District is hereby directed to reexamine the entire issue and take necessary action keeping in view the aforesaid rules. Copy to go in confirmation. S. Anwar Principal Secretary next time to Government. "

( 8 ) FROM a reading of the above, it appears that the above order was pas