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Andhra High Court · body

2003 DIGILAW 7 (AP)

Yerramalla Laxman v. Government Of A. P. , Municipal Administration

2003-01-03

B.PRAKASH RAO

body2003
B. PRAKASH RAO, J. ( 1 ) HEARD both sides. ( 2 ) THIS writ petition is filed to issue a Writ of Mandamus declaring the notice dated 23-9-2002 of the 2nd respondent proposing to conduct a meeting of the Municipal council, Jangaon, Warangal District on 8-10-2002 as against the provisions of the a. P. Municipalities Act, 1965, as illegal and arbitrary and consequently direct the respondents not to conduct the meeting of municipal Council, Jangaon scheduled to be held on 8-10-2002 or any other date basing on the notice dated 23-9-2002. ( 3 ) THE only short ground urged in this writ petition is that the impugned notice dated 23-9-2002 of the 2nd respondent for moving the no confidence motion is not in accordance with the provisions as required under Section 46 (3) of the Act. Admittedly, the notice dated 23-9-2002 was served on the petitioner only on 24-9-2002 fixing the date of no confidence motion on 8-10-2002 by which date the required period of 15 days will not complete. In the circumstances, it is not necessary to go into the other questions urged. ( 4 ) HAVING regard to the facts and circumstances of the case, the writ petition is allowed. The impugned order is set aside. However, it is made clear that it is always open for the respondents herein to take appropriate steps consequent on the notice of some of the members of the Municipal council. Jangaon in respect of no confidence motion against the petitioner, which is already moved. No costs.