IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20095 of 2005 Between: 1 Gorantla Srinivasa Rao, s/o Venkata Ramaiah, Bommanampadu, Addanki Mandal, Prakasam District. 2 Yaramothu Subbaiah, s/o Peraiah, Bommanampadu, Addanki Mandal, Prakasam District. ..... PETITIONER(S) AND The Mandal Parishad Development officer, Addanki Mandal, Addanki, Prakasam District. .....RESPONDENT 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 of mandamus, declaring the circular R.C.No.B/90/05 dated 02-09-2005 issued by the respondent is without jurisdiction, contrary to the provisions of A.P. Panchayat Raj Act, 1994 is highly arbitrary, illegal and unsustainable and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.C.RAMACHANDRA RAJU Counsel for the Respondent No.: MR.M.PRABHAKAR The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.20095 of 2005 ORAL ORDER This writ petition is filed seeking a declaration that the circular of the respondent dated.02-09-2005 convening a motion of no confidence against Upa-Sarpanh of Bommanampadu Gram Pancahyat, Addanki Mandal, Prakasam District, as arbitrary and illegal. This Court while observing that the respondent was not competent under the A.P.Panchayat Raj Act,1994 for moving a motion of no confidence against Upa-Sarpanch granted interim suspension of the impugned circular. No counter-affidavit is filed by the respondent and the said order continued to be in operation all through. It is also relevant to note that subsequently in the year 2006 fresh elections have been conducted in the State for the office of the Sarpanch and Upa-Sarpanch. Hence no further enquiry is necessary on merits. Accordingly the writ petition is disposed of. No costs. ____________ G.ROHINI,J 28TH November,2008 *TSNR