A writ of certiorari can go to a District Munsif exercising jurisdiction under Section 22 of the Andhra Pradesh Gram Panchayat Act, 1964.

( 1 ) KALLAKURU Village Panchayat has 9 members. Elections were held on 30-5-1964. The 3rd respondent in W. P. No 599 of 1966 was elected as Sarpanch subsequently Six members out of the total strength of 9 gave notice expressing their intention to move a no-confidence motion under Section 51 of the Andhra Pradesh Gram Panchayat Act. 1964, hereinafter referred to as the Act. on 16-3-1966 Accepting the motion, the Revenue Divisional Officer issued a notice on 24 3 1968 fixing the date of the meeting as 12-4-66 where at the no-confidence motion was to be considered. The 3rd respondent Sarpanch filed O. P. No 33 of 1966 on the file of the Principal Munsif-Magistrates Court. Bhimavaram under Section 22 of the Act alleging inter alia that one of the members has incurred disqualification for not attending three consecutive meetings. The Sarpanch also filed an application during the pendency of the said O. P. for the issue of an interim injunction directing the said member not to vote at the meeting where the no-confidence motion had to be considered The Munsif-Magistrate issued an ex parte interim injunction. On the application of the said member, however, on 11-4-1966 the interim injunction was vacated by the Munsif-Magistrate He. however instead directed that the meeting for the consideration of the no-confidence motion itself be stayed till the final disposal of the O. P. W P No 599 of 1966 seeks to bring up the said order of the Munsif-Magistrate and to quash the same. The Writ Petition was admitted on 10-4-1966 and this Court directed interim suspension of the operation of the order passed by the Munsif-Magistrate. In view of this order, the Revenue Divisional Officer again issued a notice fixing 28-4-1966 as the date of the meeting where the no-confidence motion will be considered.

( 2 ) BEFORE the meeting was held, the Sarpanch filed W. P. No 746 of 1966 on 10-6-1966 questioning the convening of the meeting for the consideration of the no-confidence motion on 38-4-1966 This Writ Petition was admitted on 11-6-1966 and interim stay of the meeting was granted by this Court. Both these Writ Petitions, however came before this Court for ordering the miscellaneous petitions finally On 16-6-1966 this Court directed that the meeting to consider the no-confidence motion may be held but the operation of the decision taken that would be suspended till the final disposal of the Writ Petitions.

( 3 ) AGAINST this order. Writ Appeal No. 114 of 1966 was filed and the appellate Court granted stay of the meeting itself until the final disposal of the Writ Petitions on 14-7-1966.

( 4 ) IN W. P. No. 599 of 1966. the principal contention of Mr. P. Kodandaramayya, the learned counsel for the petitioners, is that the Munsif-Magistrate acted without jurisdiction in granting stay of the meeting to consider the no-confidence motion His contention is that such an order would be beyond the scope of Section 22 of the Act. In W. P. No. 746 of 1966 the contention of Mr. P. A. Choudhary, the learned counsel for the petitioner Sarpanch. is that as the meeting now to consider the no-confidence motion could be held only after the expiry of 60 days from the date when the original motion was given to the Revenu" Divisional Officer by the six members, such a meeting would be bad under Section 61 of the Act. He therefore contends that a fresh motion will have to be Riven by the respondents if they so desire and it is only upon such motion that a meeting to consider the same could be convened. The motion having lapsed it cannot be considered at any subsequent meeting.

( 5 ) BEFORE I deal with these contentions, 1 will dispose of the preliminary objection taken by Mr. P. A. Choudhary in regard to the maintainability of WP No. 599 of 19 It was contended by him that the order passed by the Munsif-Magistrate under Section 22 of the Act is an order revisable by this Court under Section 115, C. P. C. He also contends that no writ of certlorari can issue t