IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 29th DAY OF DECEMBER, 2009 W.P.No.27464 of 2009 Between: Badan Ganganna and others ... PETITIONER(S) and The Commissioner, Municipal Council, Adilabad, Adilabad District and others …RESPONDENT(S) THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.27464 of 2009 ORDER: The petitioners are the Ward Members of Adilabad Municipal Council. The Commissioner of Adilabad Municipal Council i.e. the 1st respondent addressed a letter dated 07.12.2009 informing the petitioners that the Municipal Council passed a resolution No.168 dated 30.11.2009 suspending them for a period of three months. The petitioners feel aggrieved of the same. It is alleged that in fact no such resolution was passed and the impugned order was issued at the instance of the Chair-person of the Municipal Council i.e. the 2nd respondent herein against whom the petitioners moved a no confidence motion. Heard the learned counsel for the petitioners, the learned Standing Counsel Municipal Corporation appearing for the respondents 1 and 2 and the learned Government Pleader for Revenue appearing for the 3rd respondent. The impugned order is result of the exercise of power under Section 51(5) of the Andhra Pradesh Municipalities Act, 1965 (for short – ‘the Act’). Under Section 59 of the Act, the Government is conferred with the power to cancel or suspend any resolution passed by a Council. The petitioner can avail the said remedy. The Government would be in a better position to call for the records and pass appropriate orders thereon. Hence, the writ petition is disposed of leaving it open to the petitioners to file an appeal/revision before the Government of Andhra Pradesh in Municipal Administration Department under Section 59 of the Act. Since the petitioners were suspended for a period of 3 months from 30.11.2009, if the petitioners file an appeal/revision before it, the Government of Andhra Pradesh in Municipal Administration Department is directed to dispose of the same within a period of 15 days from the date of receipt of such appeal/revision. There shall be no order as to costs. __________________________ L.NARASIMHA REDDY, J 29th December 2009 CVRK Note: Office to issue copy in three days. B/o CVRK