THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.2370 of 2010 ORDER: In this writ petition, the petitioner seeks a mandamus to declare the action of the respondents in not conducting elections to the post of Chairperson, Kadiri Municipality, Kadiri, Anantapur District, as per the provisions of the Andhra Pradesh Municipalities Act, 1965 (for short ‘the Act’) as illegal. Petitioner Nos.1 to 5 and wife of petitioner No.6 are the Ward Councillors and petitioner No.7 is the President of the Mandal Praja Parishad, Kadiri Rural Mandal. It is the case of the petitioners that no- confidence motion was moved against the Chairperson of Kadiri Municipality on 25.11.2009. It is submitted that though majority of the members have already voted expressing no confidence on the Chairperson, no further steps are being taken to hold elections to the post of Chairperson of the Municipal Council. Section 46 of the Act deals with the subject relating to motion of no confidence in Chairperson/Vice-Chairperson. As per the said provision, if no confidence motion against Chairperson is carried with the support of 2/3rd majority of the total number of members including the ex-officio members as on the date of meeting, the Government shall by notification remove the Chairperson or Vice-Chairperson as the case may be from office and the resultant vacancy shall be filled in the same manner as a casual vacancy. In the present case, no notification is issued as yet, pursuant to the motion of no confidence on 25.11.2009. It is submitted that even before any notification is issued, the Chairperson resigned from the post by sending her resignation. Under the Scheme of the Act, if any vacancy arises either on account of no-confidence motion or by way of resignation, such vacancy is to be treated as casual vacancy. It is to be noted that for conduct of election of Chairperson and Vice- Chairperson, there is a separate set of Rules framed under G.O.Ms.No.763, Municipal Administration and Urban Development, dated 19.08.2005. Under Rule 8 of the A.P. Municipalities (Conduct of Election of Chairperson and Vice-Chairperson) Rules, 2005 (for short ‘the Rules’), there is a procedure for filling vacancies and under proviso to such Rule, every casual vacancy shall be filled up within a period of six (6) months from the date of occurrence of such vacancy. Inasmuch as the period specified in Rule 8 of the Rules for filling up a casual vacancy in the office of the Chairperson/Vice- Chairperson, is not expired and in the absence of any notification issued under Section 46(6) of the Act, the petitioners cannot seek directions as sought for in the writ petition to declare the action of the respondents in not conducting elections to the office of the Chairperson as illegal. It is made clear that this will not preclude the respondent authorities to take further steps in accordance with law either on the resignation or on the no confidence motion moved against the Chairperson on 25.11.2009. For the aforesaid reasons, the writ petition is devoid of merit and is accordingly dismissed. There shall be no order as to costs. _______________________ R.SUBHASH REDDY, J 17th FEBRUARY, 2010. kvni