- (1.)The first petition is the Vice-Chair-person of Narsapuram Municipality. Petitioners 2 to 5 are the Councillors of the same Municipality. They are aggrieved by the action of the third respondent, the Revenue Divisional Officer, Narsapur, in issuing the impugned Proceedings Roc.No.L/3153/97, dated 12-9-1997" purporting to be under sub-section (2) of Section 46 of the A.P. Municipalities Act, 1965 (for short 'the Act'). The said proceedings, according to the petitioners, suffers from incurable infirmity and ultra vires sub-section (3) of Section 46 of the Act. By the impugned proceedings, the third respondent, Revenue Divisional Officer convened the meeting of the Municipal Council, Narsapur Municipality to be held on 30-9-1997 for considering the no-confidence motion moved by the Councillors against the Vice Chair-person of the Municipal Council
(2.)The Constitutional validity of Section 46 of the Act is also challenged in the writ petition. But the same is not pressed during the course of submissions made by the learned Counsel for the petitioners. Now, the writ petition is restricted to the issue relating to the legality and validity of proceedings dated 12-9-1997.
(3.)The Petitioner No. 1 has been elected as Vice Chair-person in accordance with the Rules known as A.P. Municipalities (Conduct of Election of Vice Chair-person) Rules, 1986. It is required to notice that Vice Chairperson of the Municipal Council does not enjoy any independent functions or duties, except to chair the proceedings of the Council in the absence of the Chairperson and to discharge such functions as may be delegated by the Chairperson.