THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT PETITION Nos.3319 and 4533 of 2023
AND
WRIT APPEAL Nos.457 and 465 of 2023
COMMON JUDGMENT AND ORDER: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. G.Narender Reddy, learned counsel for the
appellant; Mr. Nazir Ahmed Khan, learned Government
Pleader for Panchayat Raj and Rural Development
Department for respondent Nos.1 to 4; Mr. Kishore Rao
Puskuru, learned Standing Counsel for respondent No.5; and Mr. M.Damodar Reddy, learned counsel for respondent Nos.6 and 7.
2. Writ Appeal No.457 of 2023 is directed against the interim order dated 24.03.2023 passed by the learned Single Judge in I.A.No.1 of 2023 in Writ Petition No.4533 of 2023 filed by the appellant as the writ petitioner.
3. Writ Appeal No.465 of 2023 is directed against the interim order dated 24.03.2023 passed by the learned Single 2 HCJ & NTRJ W.P.Nos.3319 & 4533 of 2023 and W.A.Nos.457 & 465 of 2023 Judge in I.A.No.1 of 2023 in Writ Petition No.3319 of 2023 filed by the appellant as the writ petitioner.
4. Appellant had filed I.A.No.1 of 2023 in W.P.No.3319 of 2023 praying for the following relief:
"Petition under Section 151 of CPC, praying that in the circumstances stated in the affidavit filed in the writ petition, the High Court may be pleased to stay all further proceedings of the impugned proceedings vide Letter No.G/2343/2022 dated 31/01/2023 issued by the 4th respondent Revenue Divisional Officer, Nalgonda including not to issue any notification under rule 30(2) of T.S. Panchayat Raj Act, 2018 by the District Collector and to allow the petitioner to continue as Upa-Sarpanch of Kattangur Gram Panchayat, Kattangur Mandal, Nalgonda District, pending disposal of WP No. 3319 of 2023, on the file of the high Court."
5. Appellant had filed I.A.No.1 of 2023 in W.P.No.4533 of 2023 praying for the following relief:
"Petition under Section 151 of CPC, praying that in the circumstances stated in the affidavit filed in the writ petition, the High Court may be pleased to suspend the operation of the notification in Gazette No.22 vide proceeding No.293/2023-B (Pts) dated 14/02/2023 issued by the 2nd respondent District Collector and to allow the petitioner to continue as Upa-
3 HCJ & NTRJ W.P.Nos.3319 & 4533 of 2023 and W.A.Nos.457 & 465 of 2023 Sarpanch of Kattangur Gram Panchayat, Kattangur Mandal, Nalgonda District, pending disposal of WP No. 4533 of 2023, on the file of the high Court."
6. By the order dated 24.03.2023, learned Single Judge dismissed I.A.No.1 of 2023 in both the writ petitions.
7. Without much elaboration, we may mention that subject matter of the two writ appeals relate to holding of No Confidence Motion meeting against the appellant who is the Upa Sarpanch of Kattangur Gram Panchayat, Kattangur Mandal, Nalgonda District. It appears that out of 15 members, 9 members of the Gram Panchayat had made a requisition for holding meeting to discuss No Confidence Motion against the appellant. While the meeting was convened on 06.08.2022, it appears that the same was dissolved by the Revenue Divisional Officer, Nalgonda on the ground that 2/3rd of the total members were not present.
8. It is submitted that presently 2/3rd members are not required to be present; only simple majority of the total 4 HCJ & NTRJ W.P.Nos.3319 & 4533 of 2023 and W.A.Nos.457 & 465 of 2023 strength of the Gram Panchayat is required for holding meeting of No Confidence Motion.
9. Having regard to the controversy involved and without expressing any opinion on the rival contentions, we are of the view that it would meet the ends of justice if a fresh meeting of No Confidence Motion to discuss No Confidence Motion against the appellant is held.
10. Accordingly, we direct Revenue Divisional Officer, Nalgonda Division to issue the Form-IV notice within seven days from the date of receipt of a copy of this order and thereafter convene the meeting of Kattangur Gram Panchayat within 15 days from the expiry of the date of Form-IV notice. Depending on the outcome of the proceedings of the No Confidence Meeting, consequential decision(s) shall be taken by the Revenue Divisional Officer, Nalgonda Division and District Collector, Nalgonda District.
11. In view of the aforesaid decision, impugned orders dated 31.01.2023 and 14.02.2023 are hereby set aside.
5 HCJ & NTRJ W.P.Nos.3319 & 4533 of 2023 and W.A.Nos.457 & 465 of 2023
12. The related writ petitions being W.P.No.3319 of 2023 and 4533 of 2023 are also disposed of.
13. Writ Appeals are accordingly allowed. However, there shall be no order as to costs.
14. As a sequel, miscellaneous applications pending, if any, in the Writ Petitions as well as the Writ Appeals, shall stand closed.
_______________________ UJJAL BHUYAN, CJ _______________________ N.TUKARAMJI, J Date: 24.04.2023 KL