03 December 2018 Constitutional & Government >> Constitution & Law Procedure  

A legal challenge by the president of a Mandal Praja Parishad (MPP) in Telangana to a No Confidence Motion has been dismissed. The court's decision clarifies the term of office for MPP presidents in the state.

The appellant, who became president on July 4, 2014, argued a four-year period shielded her from such motions. However, the dispute hinged on her exact "date of assumption of office." While she claimed July 16, 2014, due to inauspicious days, the court disagreed.

Citing the Telangana Panchayat Raj Act, the court pointed to Section 147(13). This section mandates a five-year term for the MPP president, starting from the date set for the first meeting after the election by the State Election Commissioner. This clarifies that the term begins automatically, irrespective of the oath-taking ceremony.

The court reasoned that the appellant's interpretation could allow elected officials to manipulate their start date to avoid No Confidence Motions. This would contradict the Act's intent and the Constitution.

Therefore, the court upheld the five-year term calculated from the date set for the first meeting after the election. This decision paves the way for the No Confidence Motion against the MPP president to proceed.