IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 790 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 04/06/2009 in WP NO : 25144 OF 2008 on the file of the High Court.) Between: 1 Smt. Gadu Chinni KUmar Lakshmi W/o. Appala Naidu, Hindu 24th Ward Municipal Councilor, R/o. Gadu Veedhi, Bheemunipatnam , Visakhapatnam District. 2 SMt. Akramani Nirmala W/o.. Venkata Rao, Hindu 25th Ward Municipal Councilor, R/o. Nammivani Peta, Sangivalasa, Bheemunipatnam Municipality , Visakhapatnam District. 3 Ch. V.A. Narasinga Rao S/o. Late Venkateswarulu, Hindu 6th Ward Municipal Councilor, R/o. Velam Peta Chittivalasa, Bheemunipatnam , Visakhapatnam District. ..... APPELLANTS AND 1 Smt. Koppala Prabhavathi W/o. K. Ramesh Elected Chairperson Bheemunicipatnam Municipality, R/o. Tagarapuvalasa, Bheemunipatnam Mandal, Visakhapatnam 2 The State of Andhra Pradesh, Rep. by its Secretary Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 3 The State of Andhra Pradesh Rep. by its Principal Secretary Law and Legislative Affairs, Secretariat, Hyderabad. 4 The District Collector, Visakhapatnam District at Visakhapatnam. 5 The Revenue Divisional Officer Visakhapatnam District. 6 The Bheemunipatnam Municipality, Rep. by its Commissioner, Bheemunipatnam Visakhapatnam District. 7 Koda Appala Konda W/o. Chinna Rao 21st Ward Councilor, Bhimunipatnam Municipality, Visakhapatnam District. 8 Lankala Durga Bhavani W/o. Nageswara Rao, 17th Ward Councilor, Bhimunipatnam Municipality, Visakhapatnam District. 9 Fukkilla Lakshmi Kumari W/o. Appa Rao 22nd Ward Councilor, Bhimunipatnam Municipality, Visakhapatnam District. 10 Allipalli Kranthi W/o. Kondanda Rao Thotaveedhi, 16th Ward Councilor, Bhimunipatnam Municipality, Visakhapatnam District. 11 Golagani Narendra Kumar S/o. Not known Golla Veedhi,18th Ward Councilor, Bhimunipatnam Municipality, Visakhapatnam District. 12 Konada Mohan Rao W/o Not known 26th Ward Councilor, Bhimunipatnam Municipality, Valandapeta, Tagarapuvalasa, , Visakhapatnam District. 13 Yellapu Satya Rao S./o Not known 1st Ward Councilor, Bunglow Metta, Tagarapuvalasa, , Bhimunipatnam Municipality,Visakhapatnam District. 14 M.S.K. Anjaneyulu S./o Not known 23rd Ward Councilor, Bhimunipatnam Municipality, Relli Veethi, Visakhapatnam District. 15 Jagupalli Prasada Rao W/o. Not known 28th Ward Councilor, Bhimunipatnam Municipality, R/o. Balaji Nagar, Tagarapuvalasa, Visakhapatnam District. 16 Kadiri Yellaiah S/o. Not known 20th Ward Councilor, Bhimunipatnam Municipality, Visakhapatnam District. 17 Mylapalli Laxman Rao S/o. Kondala Rao 19th Ward Councilor, Bhimunipatnam Municipality, Bhimunipatnam, Visakhapatnam District. 18 Uppada Nageswara Rao S/o. Not known 2nd Ward Councilor, Bhimunipatnam Municipality, Chitivalasa, Visakhapatnam District. 19 K. Satyanarayan S/o. Not known 5th Ward Councilor, Bhimunipatnam Municipality, Chittivalasa, Visakhapatnam District. 20 M. Namo Narayanamma W/o. Not known 13th Ward Councilor, Bhimunipatnam Municipality, Chillapeta, Tagarapuvalasa, Visakhapatnam District. 21 G.V. Ramana S/o. Not known 7th Ward Councilor, Bhimunipatnam Municipality, Santhapeta, Chittivalasa Visakhapatnam District. 22 Akkaramani Ramu Naidu S/o. Not known 27th Ward Councilor, Bhimunipatnam Municipality, Sangivalasa, Tarapuvalasa Visakhapatnam District. 23 Nimmakayala Ammaji W/o. Pydiraju 15th Ward Councilor, Bhimunipatnam Municipality, Bank Colony, Sun School, Bheemunicpatnam Visakhapatnam District. 24 N. Viswanadha Raju S/o. Not know 14th Ward Councilor, Bhimunipatnam Municipality, Bank Colony Opp, Sun School, Bhimunipatnam, Visakhapatnam District. (Respondents No. 6 to 24 are not necessary parties 25 . 26 . .....RESPONDENTS Counsel for the Appellant:MR.RAMA RAO MAVIDI Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) Aggrieved by the order, dated 04.06.2009 made in WV MP No.4173 and 4174 of 2008 in WP MP No. 32824 of 2008 in W.P.No.25144 of 2008 by a learned Single Judge of this court dismissing the vacate petition and making the interim orders granted on 24.11.2008 absolute, directing the Registry to post the Writ Petition for final hearing on 30.07.2009, the respondents 6 to 8 in the writ petition preferred this Appeal. It is case of the writ petitioner that though no confidence motion against her was successfully carried out, but the notification required under Sec. 46(6) of the A.P. Municipalities Act was published only on 20.11.2008 and in the meanwhile Ordinance No. 15 of 2008 came into force from 12.11.2008 to the extent that no notice of motions shall be made within four years of the date of assumption of office by the person against whom motion is sought to be moved and since the petitioner did not complete the period of three years by 10.11.2008 from the date of assumption of charge, no confidence motion cannot be moved against the petitioner. The motion of no confidence was assailed in the writ petition. Along with the writ petition, the first respondent herein filed WP MP No.32824 of 2008 seeking to stay her removal from the office of the Chairperson of Bheemunipatnam Municipality, pursuant to the no confidence motion and a learned Single Judge of this court by order dated 24.11.2008 has granted interim order, as prayed for. Aggrieved thereby the respondents in the writ petition filed the above vacate petitions seeking to vacate the interim order passed by the learned Single Judge on 24.11.2008 and the impugned order came to be passed making the interim order absolute. Aggrieved thereby, the present Writ Appeal is filed. Learned counsel for the appellants contended that the finding of the learned Single Judge that in the absence of a notification under Sec. 46(6) of the A.P. Cooperative Societies Act, it cannot be said that the writ petitioner is removed from the office of Chairperson is factually incorrect. The learned Government Pleader has placed before us, the notification issued under Sec. 46(6) dated 20.11.2008 and it has become part of the record. Under the above circumstances, the finding of the learned Single Judge that “in the absence of notification under Sec. 46(6) of the Act” cannot be sustained and accordingly the said finding is set aside. In view of the submission of the learned counsel on either side that the first respondent is not continuing in the office, without adverting to the merits or otherwise of the contentions raised in this Writ Appeal, we dispose of the Writ Appeal inasmuch as contentions have to be decided on merits in the light of the Ordinance No. 15 of 2008. The Registry is directed to post the Writ Petition for final hearing on 6.7.2009 before the learned Single Judge having roster. With the above direction, the Writ Appeal is party allowed to the extent indicated above. No order as to costs. _____________________ Justice T. Meena Kumari __________________ Justice Sanjay Kumar June 16, 2009 MAS