S. PARVATHA RAO, J.

( 1 ) IN this. the petitioner seeks quashing of G. O. Ms. No. 244 m. A. dated 3-5-1991 issued by the Government of Andhra Pradesh in exer- cise of the powers conferred on it by sub-section (1) of Section 60 of the andhra Pradesh Municipalities Act, 1965 (hereinafter referred to as the act ) removing the petitioner from the office of Chairman, Municipal, council, Cuddapah, with immediate effect.

( 2 ) THE Petitioner questions the legality of the said G. O. and the notification appended thereto on the ground, among, others, that it is not a speaking order and does not give reasons for taking the said action as required by sub-section (2) of Section 60 of the Act. The learned counsel for the petitioner submits that there is no mention whatsoever in the said g. O. as to whether any of the charges or allegations against the petitioner were proved and that the statement therein that the explanation of the petitioner was found unsatisfactory does not satisfy the requirements of sub-section (2) of Section 60. Section 60 of the Act is as follows :"government s power to remove chairman or vice Chairman : (1) The Government may, by notification in the Andhra Pradesh gazette, remove any chairman or vice chairman who, in their opinion wilfully omits or refuses to carry out or disobeys the provi- sions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position or the powers vested in him. (2) The Government shall, when they propose to remove a chairman or vice-chairman under sub-section (1), give the chairman or vice-chairman concerned an opportunity for explanation, and the notification issued under the said sub-section shall for contain a statement of the reasons of the Government for the action taken. (3) Any person removed under sub-section (1) from the office of chairman or from the office of vice-chairman shall not be eligible for election to either of the said offices until the date on which notice of the next ordinary elections to the council is published in prescri- bed manner. "sub-section (2) of Sec. 679-B of the Hyderabad Municipal Corporations Act, 1955 and sub-section (3) of Sec. 50 of the Andhra Pradesh Gram Panchayats act, 1964 are similar to sub-section (2) of Sec. 60 of the Act. The expres- sion "a statement of the reasons for the action taken" occurs in those pro- visions also. An appeal to the Government is also provided under sub-sec- tion (4) of Sec. 50 of the Andhra Pradesh Gram Panchayats Act, 1964. 3 A reading of sub-sec. (1) of Section 60 of the Act shows that the government may remove any chairman or vice-chairman only if it forms an opinion as regards the matters specified therein. Several matters are speci- fied it may be wilful omission by chairman or vice-chairman to carry out the provisions of the Act or any Rules, bye-laws, regulations or lawful orders issued thereunder ; it may be refusal by him to carry out or disobey the same ; it may be abuse of his position; or it may be abuse of the powers vested in him. The opinion formed by the Government may be as regards one or more of these matters. As regards whatever specified matter the opinion is formed, the section contemplates a clear enunciation of the opinion formed making it clear in respect of what specified matter or matters the opinion is formed. That is the pre-condition for the exercise of the power under sub-section (1) of Section 60 by the Government, Sub- section (2) of Section 60 requires that before an action is taken by the government under sub-section (1), the chairman or vice-chairman concerned should be given an opportunity for explanation. It is obvious that the opportunity contemplated should be real and reasonable. It is the Government which should give the opportunity and as it is the Govt. which should form on opinion and take action undersub-sec. (I),thegovt. should consider the explanation given by the chairman or vice-chairman concerned and if the govt. chooses to tak

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