THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.27717 and 25348 of 2008 COMMON ORDER: These two writ petitions are interrelated. Therefore, they are disposed of through a common order. The petitioner in W.P.No.25348 of 2008 i.e. Bandari Mallesh was elected as President of the Mandal Parishad, Dandepally Mandal, Adilabad District in the elections conducted on 11.07.2006. The majority of the Members of the Mandal Parishad submitted a requisition in Form-II, prescribed under the Rules published in G.O.Ms.No.200, dated 28.04.1998, read with Section 245 of the A.P. Panchayat Raj Act, 1994 (for short ‘the Act’) to the Revenue Divisional Officer, Mancherial, Adilabad District, with a request to convene a meeting of the Mandal to take up motion of no confidence against the petitioner. Acting on the same, the Revenue Divisional Officer, Mancherial, Adilabad District issued notice in Form-V, dated 03.10.2008, proposing to convene a meeting on 20.11.2008. The meeting was held and the motion of no confidence was carried out against the President. He filed the writ petition challenging the proceedings, on the ground that he did not complete two years of term of Office by the time the motion of no confidence was taken up, as provided for under Section 245 of the Act. He contends that though he was elected on 11.07.2006, the Revenue Divisional Officer passed an order disqualifying him on 20.07.2006, on the ground that he flouted the whip of the political party and that the said order became the subject matter of O.P.No.358 of 2007 before the District Court, Adilabad, C.R.P.No.516 of 2007 before this Court and S.L.P.No.18986 of 2007 before the Hon’ble Supreme Court. W.P.No.27717 of 2008 is filed by a Member of the Mandal Parishad, alleging that though the motion of no confidence was carried out against the President, the consequential steps were not taken to fill the vacancy. Heard Sri D.Krishna Reddy the learned counsel for the petitioner in W.P.No.25348 of 2008, Sri K.Venumadhav, the learned Counsel for the petitioner in W.P.No.27717 of 2008 and the learned Government Pleader for Panchayat Raj. The basic issue is as to whether the motion of no confidence proposed against the President was tenable from the point of view of the completion of two years of period from the date of election. It is not in dispute that the President was elected on 11.07.2006 and assumed office soon thereafter. The mere fact that he came to be disqualified for violation of whip does not make any difference, ss long as it is evident that he assumed office on being elected and was in office by the time, the motion of no confidence was initiated. Further, except for a short gap, he continued in the office on the strength of the orders passed by one Court or the other. At any rate, the intermediate gap would become virtually irrelevant, in computing the period of two years, once there is no dispute as to the assumption of office, on being elected and remained in office by the time of the motion of no confidence is taken up. No irregularities are pointed out in the proceedings initiated for tabling the motion of no confidence. Once the motion of no confidence was carried out, the respondents are under obligation to fill the vacancy in accordance with law. Hence, the W.P.No.25348 of 2008 is dismissed and W.P.No.27717 of 2008 is allowed directing the respondents therein to take necessary steps to fill the resultant vacancy of the office of the President of the Mandal Parishad, Dandepally Mandal, Adilabad District, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:25.02.2009 kdl