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Andhra Pradesh High Court
Judges : K.RAMACHANDRA RAO, P.R.RAO
G.Narayana Swamy - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 06-29-84
MUNICIPALITIES ACT - NO-CONFIDENCE MOTION - VOTING - SHOW OF HANDS - VALIDITY - ANDHRA PRADESH MUNICIPALITIES ACT, 1965 - SECTION 46(9).
Fact of the Case:
A no-confidence motion was proposed against the Chairman of the Dharmavaram Municipal Council. The Chairman filed a writ petition challenging the validity of the motion. The court issued a direction that the meeting should go on and the result should not be announced pending further orders. The meeting was held, and the voting was done by show of hands. The Chairman challenged the validity of the voting by show of hands, arguing that it was illegal and not in accordance with the law.
Finding of the Court:
The court held that the voting by show of hands was valid and in accordance with the law. The court found that the expression "put to vote" in Section 46(9) of the Andhra Pradesh Municipalities Act, 1965, comprises wide coverage, taking in its fold show of hands and secret ballot as well. The court also found that the slant towards openness and voting by show of hands is discernible in the statutory scheme of Section 46.
Issues: Whether the voting by show of hands in the no-confidence motion against the Chairman of the Dharmavaram Municipal Council was valid and in accordance with the law.
Ratio Decidendi: The court held that the voting by show of hands was valid and in accordance with the law. The court found that the expression "put to vote" in Section 46(9) of the Andhra Pradesh Municipalities Act, 1965, comprises wide coverage, taking in its fold show of hands and secret ballot as well. The court also found that the slant towards openness and voting by show of hands is discernible in the statutory scheme of Section 46. The court further found that the majority of the Councillors present in the meeting expressed that the voting should be by show of hands and as such the voting by show of hands cannot be considered to be unfair or illegal or contrary to the provisions of the Statute.
Final Decision: The court dismissed the writ appeal and confirmed the order of the learned single Judge.
( 1 ) THIS appeal against the order of our learned brother Raghuvir, J. is concerned with the no-confidence motion against the Chairman, Dharmavaram Municipal Council. The appellant herein is the petitioner in the writ petition. The writ petition is filed for issue of a writ of mandamus declaring that the resolution expressing no-confidence against Sri G. Pradhasaradhi, Chairman of the Dharmavaram Municipality is null and void.
( 2 ) THE essential averments in the affidavit filed in support of the writ petition may be stated. The appellant petitioner is a Councillor of Dharmavaram Municipality and the Municipal Council comprises twenty four members. Regarding the no-confidence motion proposed to be discussed on 8-12-1983, the Chairman filed writ petition, being W. P. No. 10986/83 questioning the validity of the said motion and this Court in Writ Petition Misc. Petition 15080/83 issued a direction that the meeting should go on and the result should not be announced pending further orders in the writ petition. The Meeting was held on 8-12-1983 in the Municipal office and nineteen councillors were present. Eleven councillors including the petitioner submitted memorandum to the second respondent, i. e. , the Revenue Divisional Officer, to conduct voting by secret ballot. But, however, the voting was done by show of hands. The councillors who voted in favour of the no-confidence motion, were brought by Sri Peddayya under police escort to the meeting and soon after the meeting the said group of councillors were taken away under the police escort. It is stated that the voting by show of hands was illegal and the meeting was not conducted in accordance with law.
( 3 ) IN the counter-affidavit filed by the Revenue Divisional Officer, the second respondent in the writ petition, it is stated that eleven councillors made a representation that the voting should be done by secret ballot and on the other hand fourteen councillors represented that the voting should be taken by show of hands. The meeting conducted on 8-12-1983 is for the specific purpose of no-confidence motion and the conduct of voting by show of hands is in accordance with the provisions of the Andhra Pradesh Municipalities Act. It is not necessary to traverse the other averments denying certain allegations made by the petitioner in his affidavit.
( 4 ) THE learned counsel for the petitioner, Sri. P. Babul Reddy, contended that the conduct of election by secret ballot is in consonance with the democratic principles and the expression "put to vote" occurring in Section 46 (9) of the Andhra Pradesh Municipalities Act has to be construed as voting by secret ballot and not by show of hands, and the secret ballot provided for election of Chairman and Vice-Chairman should be adopted for no-confidence motion also and the expression "put to vote" in Section 46 (9) should be interpreted accordingly. The learned counsel Sarvasri P. Ramachandra Reddy and N. V. Suryanarayana Murthy for respondents contended that the expression "put to vote" comprises the method of voting by show of hands as distinct from R. 8 (2) of the Rules under the Act envisaging secret ballot only for the election of Chairman and Vice-Chairman and the voting by show of hands is not derogatory to democratic traditions.
( 5 ) TO appreciate the rival contentions it is necessary to get at the relevant provisions of the Statute, S. 46 of the Andhra Pradesh Municipalities Act formulates the procedure for expressing no-confidence in Chairman or Vice-Chairman and sub-sections (2), (7), (8) and (9) are as follows :-" (2) A written notice of intention to make the motion, in such form as may be specified by the Government signed by such number of elected councillors as shall constitute not less than one-half of the sanctioned strength of the council, together with a copy of the proposed motion, shall be delivered in person by any two of the elected councillors signing the notice to the District Colle
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