THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.792 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. S.Surender Reddy, learned counsel for the
appellants; Mr. Nazir Ahmed Khan, learned Government
Pleader for Panchayat Raj and Rural Development
Department for respondent Nos.1 & 2; Mr. T.Srikanth
Reddy, learned Government Pleader for Revenue for respondent No.3; Mr. P.Kishore Rao, learned counsel for respondent No.4; and Mr. T.P.Acharya, learned counsel for respondent No.5/writ petitioner.
2. This writ appeal is directed against the interim order dated 19.07.2022 passed by the learned Single Judge in Writ Petition No.29768 of 2022 filed by the 5th respondent as the writ petitioner.
2 HCJ & CVBRJ
W.A.No.792 of 2022
3. 5th respondent is the Upa-Sarpanch of
Mugdumpuram Gram Panchayat ('Gram Panchayat'
hereinafter). A notice was issued by the Revenue
Divisional Officer, Narsampet on 29.06.2022 under Section 30(1) of the Telangana Panchayat Raj Act, 2018 proposing to hold 'No Confidence Motion' meeting against the 5th respondent on 20.07.2022 at 11.00 A.M. This notice came to be challenged in the related writ petition.
4. 5th respondent contended before the learned Single Judge that the impugned notice was not in the statutory format as prescribed under Form-IV besides being contrary to Rule 3 of the Rules relating to moving of motion of 'No Confidence' against Upa-Sarpanch of Gram Panchayat etc.
5. Learned Single Judge by the order dated 19.07.2022 noticed that Form-I did not disclose any date. Therefore, while directing the respondents to produce the original Form-I, learned Single Judge passed an interim 3 HCJ & CVBRJ W.A.No.792 of 2022 order to the effect that 'No Confidence Motion' meeting could go on but the result should not be declared.
6. Assailing this order, the appeal has been preferred by six members of the Gram Panchayat who had moved the 'No Confidence Motion' against respondent No.5.
7. On a query by the Court, learned counsel for the appellants submits that the Gram Panchayat has got ten members, out of which six had moved the 'No Confidence Motion'. In the meeting which was held on 20.07.2022 pursuant to order of the learned Single Judge, seven members expressed 'No confidence' against respondent No.5.
8. Learned counsel for respondent No.5 submits that when the impugned notice convening meeting for discussing 'No Confidence Motion' itself is contrary to the statute, question of taking any action on the basis of such notice does not arise.
4 HCJ & CVBRJ
W.A.No.792 of 2022
9. Having heard learned counsel for the parties and on due consideration, we are of the view that while the procedure laid down under the statute are required to be adhered to, but at the same time an elected representative can only hold office, provided he has the majority support.
10. In Writ Appeal No.627 of 2022 (M.Surender v. State of Telagnana), this Court has held as follows:
"12. Panchayats as well as municipalities have now been brought under the constitutional scheme by way of the 73rd Constitutional Amendment. The fundamental principle governing panchayats and municipalities is that these bodies are to be run and managed on the strength of popular mandate. A person cannot hold onto office without having the majority support. Learned Government Pleader has pointed out that the Revenue Divisional Officer had only conveyed the sentiments of the majority members by issuing the notice which is nothing but consequential.
13. We are therefore of the view that on the basis of technicalities, an elected representative cannot evade the test to 5 HCJ & CVBRJ W.A.No.792 of 2022 determine as to whether he enjoys majority support or whether he should continue in office."
11. Therefore and in the light of the above, we are of the view that it is incumbent upon respondent No.5 to face the majority test.
12. Consequently, we direct Revenue Divisional Officer, Narsampet to hold meeting of the Gram Panchayat to discuss 'No Confidence Motion' against the 5th respondent within 20.12.2022. In the meanwhile, he shall also take steps for serving the notice upon all members of the Gram Panchayat in the prescribed format.
13. That being the position, we set aside the order dated 19.07.2022 as well as dispose of Writ Petition No.29768 of 2022.
14. In the light of the above, Writ Appeal is disposed of. However, there shall be no order as to costs.
6 HCJ & CVBRJ
W.A.No.792 of 2022
15. As a sequel, miscellaneous applications
pending, if any, in this Writ Appeal, shall stand closed.
__________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 06.12.2022 KL