APHC010665192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34336/2025 Between: 1. GAJJALA PRASAD REDDY,, S/O.G.SURYANARYAN REDDY, AGED ABOUT 55 YEARS, OCEUPATION- PRESIDENT OF AMADAGUR MANDAL PRAJAPARISHAD,PUTTAPARTHI CONSTITUENEY, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, PANCHAYATH RAJ DEPARTMENT, TADEPALLI, GUNTUR. 2. THE COMMISSIONER, PANCHAYATH RAJ DEPARTMENT, TADEPALLI, GUNTUR. 3. DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT. 4. REVENUE DIVISIONAL OFFICER, KADIRI, SRI SATYA SAI DISTRICT. 5. MANDAL PARISHAD DIVISIONAL OFFICER, AMADAGUR, SRI SATYA SAI DISTRICT. 6. V GANGULLAMMA, W/O TIMMAPPA, AGED UNKNOWN. OCCUPATION- VICE-PRESIDENT, AMADAGUR MANDAL PRAJAPARISHAD, PUTTAPARTHI CONSTITUENCY, SRI SATYA SAI DISTRICT, RESIDENT OF KAMMAVARIPALLI, p. 2 CHINAGANIPALLI, SRI SATYA SAI DISTRICT. 7. K VENKATALAKSHMI, W/O ANJINAPPA, AGED UNKNOWN, OCCUPATION- MEMBER, AMADAGUR MANDAL PRAJA PARISHAD, PUTTAPARTHI CONSTITUENCY R/O. 12-13B, MOHAINMADABAD,VILLAGE, AMADAGUR MANDAL, SRI SATYA SAI DISTRICT. 8. M KALAVATHI, W/O SRIRAMULU, AGED UNKNOWN. OCCUPATION- MEMBER, AMADAGUR MANDAL PRAJA PARISHAD, PUTTAPARTHI CONSTITUENCY R/O.D.NO. 10-38, GAJULAPALLI VILLAGE, J.K.KOTTAPALLI, AMADAGUR MANDAL, SRI SATYA SAI DISTRICT. 9. K JAYAMMA, W/O NAGARAJU, AGED UNKNOWN, OCCUPATION- VICE-PRESIDENT, AMADAGUR MANDAL PRAJA PARISHAD, PUTTAPARTHI CONSTITUENCY R/O. D.NO.L4-132, KANDUKURUPALLI VILLAGE, AMADAGUR MANDAL, SRI SATYA SAI DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice in Form-V in Rc.No.649/2025/C, dated 01.12.2025 issued by the Respondent No.4 exercising the powers under section.245 of Panchayath Raj Act, 1994 moving a motion for want of confidence against me as the President of Amadagur Mandal Praja Parishad without giving 15 days of clear notice and without proper Form-II as Per Motion Of No Confidence In In Upasarpanch, President And Vice President Of Mandal Praja Parishad, Chairman And Vice Chairman Of Zilla Praja Parishad Rules, 1998 issued under GO.Ms.No.200, Panchayat Raj and Rural Development Department dated 28.04.1988 as arbitrary, illegal, one without jurisdietion colourable exercise of power and contrary to the well established legal principles apart from being violative of the fundamental and Constitutional Rights guaranteed to us under Articles 14, 19, 21 and 300A of the Constitution of India and consequently set p. 3 aside the Form-V, dated 01.12.2025 in Rc.No.649/2025/C issued by the respondent No.4 for deciding the want of confidence in me as President of Amadagur Mandal Praja Parishaad and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all the further proceedings in pursuance of notice in Form-V in Rc.No.649/2025/C dated 01.12.2025 issued by the Respondent.No.4, pending of the above Writ Petition and pass Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. MEDAPATI SANTOSH REDDY 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORDER The President of Amadagur Mandal Praja Parishad, Puttaparthi Constituency, Sri Satya Sai District, filed the above writ petition to declare the Notice in Form-V vide Rc.No.649/2025/C, dated 01.12.2025, issued by the 4th respondent, as illegal and arbitrary. 2. Heard Sri B.Abhay Siddhanth Mootha, learned counsel for the petitioner, Sri K.Rama Rao, learned Government Pleader for Panchayat Raj and Rural Development, for the respondents 1 to 4; Sri Hrithik, learned counsel representing Sri M.Sudhir, learned counsel for the 5th p. 4 respondent and Sri M.Santosh Reddy, learned counsel for the respondents 6 to 9. 3. The respondents 6 to 9, Vice President and Members of the Amadagur Mandal Praja Parishad, Puttaparthi Constituency, submitted Form-II, in terms of Section 245 (1) Andhra Pradesh Panchayat Raj Act, 1994 (for short <the Act=), expressing their intention to move >No Confidence Motion? against the petitioner to the 4th respondent (Ex.P2). Acting upon the said Form-II – Notice /Intimation, the 4th respondent issued Form-V vide Rc.No.649/2025/C, dated 01.1 2.2025, fixing the date of the meeting on 12.12.2025 at 11.00 a.m. 4. Rule 3 of the Rules Relating to Motion of No Confidence in the Upa-Sarpanch of Gram Panchayat or President/Vice-President of Mandal Parishad or Chairman/Vice-Chairman of Zilla Parishad, issued vide G.O.Ms.No.200, Panchayat Raj and Rural Development (Manual-II), Department dated 28.04.1998, mandates 15 days' notice. For better appreciation, Rule 3 is extracted below: <3. The concerned officer specified in Rule 2 (hereinafter in this rule referred to as said officer) shall convene and preside over a meeting for the consideration of motion at the office of the Gram Panchayat, or at the Mandal Parishad, on a date appointed by him which shall not be later than thirty days from the date on which the under Rule 2 was delivered to him. He shall give to every member of Gram Panchayat Mandal, Parishad or Zilla Parishad as the case may be the notice of not less than fifteen clear days excluding the date of the notice and the date of the proposed meeting of such meeting in Form-IV, or in Form-V or in Form-VI annexed to these rules either in English or in Telugu or Urdu language, whichever is p. 5 applicable. Every such notice shall be delivered as specified below; namely :- a. by giving or tendering such notice to such member, or b. if such member is not found, by leaving such notice at his last known place of residence or business or by giving or tendering the same to some adult member or servant of his family; or c. if such member does not reside in the Gram Panchayat area or Mandal Parishad area; or within the District and if his address is known to the District Panchayat Officer/Chief Executive Officer/Collector or the Sarpanch of the Gram Panchayat to be elsewhere, by sending the same to him through registered post with Acknowledgement due; or d. if none of the means aforesaid is available or if the persons referred to in clauses (a) and (b) refuse to receive the notice, by affixing the same at some conspicuous part of his place of residence or business. Provided that where the holding of such meeting is stayed by an order of a Court, it shall be adjourned and the said officer shall hold the adjourned meeting on a date not later than thirty days from the date on which he receives the intimation about the vacation of stay and after giving to the members, a notice of not less than fifteen clear days excluding the date of the notice and date of the proposed meeting of such adjourned meeting.= 5. In the case at hand, the notice impugned in the writ petition violates the procedure mandated under Rule 3 referred to supra vis-à-vis the fifteen-day notice. An interim order was passed on 09.12.2025, suspending the said notice. Page 6 of 6 6. Pending the writ petition, Amadagur Mandal is merged with Puttaparthi Revenue Division. In fact, the members of the Amadagur Mandal Praja Parishad submitted another representation/ Notice in Form- II to the Revenue Divisional Officer, Kadiri, pending this writ petition, expressing their intention to move a >No Confidence Motion? and filed W.P.No.2872 of 2026. Upon receiving instructions from the Revenue Divisional Officer, Kadiri, the said writ petition was disposed of, giving liberty to the petitioner to make a fresh application. 7. Given the developments pending the present writ petition, coupled with the fact that 15 days notice as mandated under Rule 3 was not adhered to, the Notice in Form-V vide Rc.No.649/2025/C, dated 01.12.2025, issued by the 4th respondent, stands set aside. 8. Accordingly, the Writ Petition is Allowed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD