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2009 Supreme(AP) 923

L.NARASIMHA REDDY
Koppala Prabhavathi – Appellant
Versus
State Of Andhra Pradesh – Respondent


Advocates appeared:
For the Petitioner:V. Venkata Ramana, M.V. Rajaram , B. Shashibushan Rao, Advocates. For the Respondents: R1 - G.P. for Municipal Admn. & Urban Development, R2 – Law & Legislative Affairs, R3 & R4 – G.P. For Revenue, R5 –
S. Nageswara Reddy S.C for Municipality, R6 – Polisetty Radha Krishna, S.C for Municipality, R7 to R9 – B. Vijaysen Reddy, Advocates.

COMMON ORDER:

1. The questions, that arise for consideration in these four writ petitions, are either common or inter-related. Hence, they are disposed of through a common order.

2. For the sake of convenience, the petitioners therein are referred to as petitioners 1, 2, 3 and 4.

3. Chairpersons to the various Municipalities in the State, including those for Bheemunipatnam and Bhongir, were elected in the month of September, 2005. Notices under Section 46 of the A.P. Municipalities Act, (for short “the Act”) were issued by majority of the councilors of the two Municipalities to express want of confidence in them. Necessary steps were taken, and ultimately, in the meetings held on 25.10.2008 and 10.11.2008 respectively, the motions of want of confidence were carried out successfully against them. W.P.No.25663 of 2008 is filed by the Chairperson of the Bhongir Municipality, challenging the resolution dated 10.11.2008.

4. Sub-section 1 of Section 46 of the Act places a bar of three years against tabling of motion of no confidence against chairperson or vice-chairperson of a Municipality. Through the Act 15 of 2008, the A.P. State Legislature amended Section 46(1) of the Act, enhancin




































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