G.Laxminarayana Goud v. The Collector (Panchayat Wing), Ranga Reddy District, Lakdikapul, Hyderabad

The petitioner is Sarpanch of Godamaguda Gram Panchayat. The respondent by proceedings dated 15-7-2003 suspended the petitioner on certain allegations and the same was not preceded by notice as contemplated under first proviso to sub-section (6) of Section 249 of A.P. Panchayat Raj Act, 1994 (for short ‘the Act’). The said order is assailed in this writ petition. This court while admitting the writ petition on 18-7-2003, passed the following order. “Prima facie, the impugned order discloses an instance of non-application of mind, violation of statutory provisions and acting at the behest of the superior authorities. Section 249(6) of the A.P. Panchayat Raj Act, 1994 (for short ‘the Act’) confers powers on the District Collector alone to place a Sarpanch under Suspension, under Section 249(6) of the Act, the District Collector is required to issue notice to him. The respondent did not choose to follow the mandatory provisions.

He has recorded a finding that it is established that the petitioner had failed to carry out the powers and functions vested under the provisions of the Act without conducting any enquiry. If an elected representative as the Sarpanch, who is accorded constitutional and statutory protection can be suspended on the basis of such general allegations, various officials, including the District Collector can also be placed under suspension. This Court does not find any legal or factual basis for the impugned order. The respondent, who is an IAS officer, did not even care to verify as to whether the sentences in the impugned order are grammatically sound. Hence there shall be interim suspension of the impugned order.” The respondent has filed vacate stay application. There is no denial of the fact that the impugned order was not preceded by the mandatory notice as required under the statute. Therefore, instead of keeping the matter pending, the Writ Petition is disposed of in terms of the interim order as the period of suspension would have come to an end by 14th October, 2003, assuming that the Government had not exercised the power under second proviso to sub-section (6) of Section 249 of the Act.

It shall, however, be open to the respondent to take necessary action against the petitioner in accordance with law, if the situation warrants. The Writ Petition, with the above observations, is accordingly allowed. No costs. _____________________ V.V.S. RAO, J. 23rd July, 2004 Js That Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Devinder Gupta, the Chief Justice on this the Friday the twenty third day of July, Two thousand and four. ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To

The Collector (Panchayat Wing), Ranga Reddy District, Lakdikapool, Hyderabad.

Two CCs to G.P. for Panchayat Raj and Rural Development, High Court Buildings, Hyderabad. (OUT)

2 CD copies.