Telangana High Court

WP/27464/2009 of Badan Ganganna, Vs The Commissioner, on 29 December 2009

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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

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

TUESDAY, THIS THE 29[th] DAY OF DECEMBER, 2009

W.P.No.27464 of 2009

Between:

Badan Ganganna and others

and

... PETITIONER(S)

The Commissioner, Municipal Council, Adilabad, Adilabad District andothers …RESPONDENT(S)

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

W.P.No.27464 of 2009

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ORDER:

The petitioners are the Ward Members of Adilabad MunicipalCouncil. The Commissioner of Adilabad Municipal Council i.e. the 1[st]respondent addressed a letter dated 07.12.2009 informing thepetitioners that the Municipal Council passed a resolution No.168dated 30.11.2009 suspending them for a period of three months. Thepetitioners feel aggrieved of the same. It is alleged that in fact no suchresolution was passed and the impugned order was issued at theinstance of the Chair-person of the Municipal Council i.e. the 2[nd]respondent herein against whom the petitioners moved a noconfidence motion.

Heard the learned counsel for the petitioners, the learnedStanding Counsel Municipal Corporation appearing for therespondents 1 and 2 and the learned Government Pleader forRevenue appearing for the 3[rd] respondent.

The impugned order is result of the exercise of power underSection 51(5) of the Andhra Pradesh Municipalities Act, 1965 (for short– ‘the Act’). Under Section 59 of the Act, the Government is conferredwith the power to cancel or suspend any resolution passed by aCouncil. The petitioner can avail the said remedy. The Governmentwould be in a better position to call for the records and passappropriate orders thereon.

Hence, the writ petition is disposed of leaving it open to thepetitioners to file an appeal/revision before the Government of AndhraPradesh in Municipal Administration Department under Section 59 of the Act. Since the petitioners were suspended for a period of 3 monthsfrom 30.11.2009, if the petitioners file an appeal/revision before it, theGovernment of Andhra Pradesh in Municipal AdministrationDepartment is directed to dispose of the same within a period of 15days from the date of receipt of such appeal/revision.

There shall be no order as to costs.

__________________________L.NARASIMHA REDDY, J

29[th] December 2009CVRK

Note: Office to issuecopy in three days.B/o CVRK

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