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ANDHRA PRADESH HIGH COURT
S. R. S. Awasthy, J
Gogineni Koteswara Rao and Others v. Govt. of A.P. and Others
| Table of Content |
|---|
| 1. facts regarding the no-confidence motion's lack of quorum. (Para 1 , 2 , 3) |
| 2. legal challenges based on the validity of quorum and rules for no-confidence motions. (Para 4 , 5 , 6) |
| 3. discussion on the consistency of the rules with the act. (Para 8 , 20) |
| 4. court's findings on the illegality of the no-confidence motion due to lack of quorum. (Para 21 , 22 , 23) |
1. The facts relating to Writ Petition No. 21223 of 1997 fall in narrow compass, which may be stated briefly as follows:
2. The petitioner was elected as President of Mandal Praja Parishad, Muppala Mandal, Guntur District in the election held on 18-3-1995. The motion of no - confidence against the petitioner was presented to the third respondent on 11-8-1997 signed by 8 members of Mandal Parishad which consisted of 11 members. The 2nd respondent (District Collector, Guntur) convened a meeting of Mandal Parishad on 2-9-1997 to consider the said motion of no - confidence in accordance with S.245 of A.P. Panchayat Raj Act. Sub-section (2) of S.245 of the A. P. Panchayat Raj Act, 1994 (for short 'the Act') contemplates that if a motion is carried with the support of 2/3rds of total number of Members against the Ma
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