HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 15824 OF 2010. DATED 1st July, 2011 BETWEEN D.Guravaiah …Petitioner And The District Collector, S.P.S. Nellore District, Nellore and ors ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 15824 of 2010 ORDER: The petitioner, President of Vasili Irrigation Users Association, Atmakur Mandal, Nellore District, is aggrieved by the action of respondents 5 o 8 in moving No Confidence Motion against him in Form–J on 17.05.2010. It has been averred that as per Section 10 of the A.P. Farmers Management of Irrigation System Act, 1997, No Confidence Motion has to be signed not less than one third of the total members of the said Association. It is contended that No Confidence Motion moved against the petitioner has been signed by Respondents 5 to 8 who are the Directors of the aforesaid Association. It is further submitted that on filing of the J-form, fourth respondent issued letter No. 15.A.1, dated 21.06.2010 directing the Directors of the aforesaid Association to attend the meeting to be held on 28.06.2010. It is submitted by the learned Counsel for the petitioner that as only four Directors have signed the No Confidence Motion moved against the petitioner, the same is clearly in violation of Section 10 of the A.P. Farmers Management of Irrigation System Act, 1997 and therefore the same is liable to be set aside. The learned Counsel for respondents 5 to 8 submits that in as much as the due procedure as contemplated under the A.P. Farmers Management of Irrigation System Act, 1997 could not be followed before moving the No Confidence Motion against the petitioner, the same can be dropped. In view of the fact that the No confidence Motion moved by respondents 5 to 8 is contrary to Section 10 of the A.P. Farmers Management of Irrigation System Act, 1997, the fourth respondent ex facie committed illegality in directing the Directors of the aforesaid Association to attend the meeting to be held on 28.06.2010. It is clear from the factual matrix that No Confidence Motion has not been signed by 1/3rd of the total members of the Association and hence could not have been acted upon. Resultantly, the Writ Petition is allowed and notice dated 21.06.2010 issued by the Assistant Executive Engineer, Section-1, Atmakur is quashed. However, this order will not preclude respondents 5 to 8 to move No Confidence Motion afresh against the petitioner following the due procedure contemplated under Section 10 of the A.P. Farmers Management of Irrigation System Act, 1997. There shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 1st July, 2011. Note: CC in one week (BO) Msnro