IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3655 of 2009 Between: Surle Satyanarayana S/o. Satyanarayana R/o. Rolugunta Village & Mandal, Visakhapatnam Dist. ..... PETITIONER AND 1 Government of Andhra Pradesh Rep. by its Principal Secretary Panchayat Raj Department, Secretariat, Hyderabad. 2 The State Election Commission Rep. by its Secretary Andhra Pradesh, Hyderabad. Budha Bhavan, Hyderabad. 3 The Revenue Divisional Officer Narsipatnam, Visakhapatnam. 4 Setti Satyanarayana Murthy S/o. Pothu Raju Rolugunta Village & Mandal, Visakhapatnam Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, directing the respondent authorities to take immediate steps to issue the notification for filling up the vacancy of the President, Mandal Praja Parishad, Rolugunta Village & Mandal, Visakhapatnam Dist. in accordance with Sec. 153 of the A.P. Panchayat Raj and the Rules made there under i.e., the A.P. Conduct of Election of Member (Co- opted) President and Vice President of Mandal Praja Parishad and Member (Co-opted) Chair Person and Vice Chair Person of Zilla Praja Parishad Rules, 2006 issued vide G.O.Ms.No. 173, Panchayat Raj and Rural Development (E1. & Rules) dt. 10-5-2006, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: SMT.K.ANNAPURNA REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORAL ORDER: The petitioner is the Vice-President of Rolugunta Mandal, Visakhapatnam District. The fourth respondent was elected as the president of Mandal Parishad in the year 2006. The majority of members of the Mandal Praja Parishad delivered notice in Form-II prescribed under the rules issued through G.O.Ms.No.200, dated 28.04.1998 to the third respondent with a request to convene the meeting of the Mandal Parishad, to discuss a motion of ‘No Confidence’ on the fourth respondent. The meeting has since been held on 19.12.2008 and the resolution was carried out. W.P.No.27556 of 2008 filed by the fourth respondent is said to have been dismissed on 21.01.2009. The petitioner states that though the office of the president of the Mandal Parishad became vacant, respondents 1 to 3 have not taken any steps to fill the same, and seeks appropriate direction in this regard. Heard learned counsel for the petitioner and learned counsel for the respondents. The Andhra Pradesh Panchayat Raj Act and the Rules made thereunder not only prescribe the procedure for moving motion of ‘No Confidence’ against the elected representatives but also, the one for filling up the resultant vacancies. If the office of the Mandal Parishad has become vacant on account of the ‘No Confidence’ motion moved against the incumbent, it is but natural, that the resultant vacancy is to be filled up without much delay. Otherwise, the institution would be denied the benefit of an elected representative. Therefore, the Writ Petition is disposed of directing respondents 1 to 3 to take necessary steps to fill up the vacancy of President of the Mandal Parishad of Rulugunta Mandal, in case there exist no order of stay granted by any competent Court of law, within a period of six weeks from the date of receipt of a copy of this order. ______________________ (L. Narasimha Reddy, J.) 25th February, 2009 Js.