HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.1106 of 2022
ORDER:
This writ petition is filed seeking following relief:
"...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the order vide Procs. No.E/5/415/2021, dated 09.12.2021 passed by the 2nd Respondent without considering explanation submitted by the petitioner as illegal, arbitrary unconstitutional against the principles of natural justice and consequently set aside the same directing the Respondents to continue the petitioner as ward member of ward No.13 of Velmal Grampanchayat, Nandipet Mandal, Nizamabad District ..."
2. Heard Sri N. Srushman Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for respondent Nos.1 to 4 and Sri P.Kishore Rao, learned Standing Counsel appearing on behalf of respondent Nos.5 to 7.
3. Learned counsel for the petitioner submits that respondent No.2 issued impugned proceedings on 09.12.2021, suspending the petitioner from the post of ward member without considering the representation submitted by the petitioner. He further submits that as per the provisions of Telangana Panchayat Raj Act, 2018 (Act 5 of 2018) as amended by Act 7 of 2020(hereinafter called 'Act' for brevity), respondent No.2 is not having 2 jurisdiction or authority to suspend the petitioner from the post of ward member. He further submits that the issue raised in the writ petition is squarely covered by the judgment passed by the Division Bench of this Court in W.A.No.610 of 2021 and batch, dated 15.12.2021 wherein it is held that there is no provision under the 'Act' to suspend the Upa-Sarpanch and Ward Members.
4. Learned Assistant Government Pleader and learned Standing Counsel appearing on behalf of respondents have not disputed the same.
5. In view of the above said submissions and also the principle laid down by the Division Bench of this Court in W.A.No.610 of 2021 and batch as stated supra, the impugned order passed by respondent No.2 dated 09.12.2021, is liable to be set aside. Accordingly set aside.
6. Accordingly, the writ petition is allowed. However, respondent Gram Panchayat is given liberty to take appropriate steps, in accordance with law, if so advised, in respect of alleged encroachment made by the petitioner. No costs.
3
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
_____________________________ JUSTICE J. SREENIVAS RAO 16th November, 2023 PSW