S. OBUL REDDI, C. J.

( 1 ) AS the virus of Section 33 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (hereinafter referred to as the Act) was questioned before our learned brother, Venkatrama Sastry, J. , he directed the writ petition to be posted before a Division Bench and that is how this petition is before us.

( 2 ) THE facts necessary for determination of the question raised by Mr. Choudhary viz. , that Section 33 of the Act is ultra virus are these. The petitioner was elected as the president of the Panchayat Samithi Venkata-giri on 7-8-1970 for a term of five years. That election was held by secret ballot. The total membership of the Venkatagiri Gram Panchayat is 67 and that strength includes six co-opted members, of whom one is a Harijan, one Schedule tribe, two women, two general, one M. L. A. , one M. L. C. and President of the Panchayat Samithi. A motion expressing want of confidence in the petitioner, who is the President of the Panchayat Samithi, was submitted to the Sub-Collector, Gudur, having jurisdiction over the Panchayat Samithi. He convened a meeting on 3-7-1974 for the purpose of considering the motion expressing want of confidence in th

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