THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.9714 of 2022
ORDER:
This Writ Petition is filed seeking Writ of Mandamus declaring the order dated 20.01.2022 in Proceedings No.4110/2021-B1(Pam.V)-6 passed by respondent No.2 as being arbitrary, illegal and unconstitutional and consequently, set aside the order dated 20.01.2022 in Proceedings No. .4110/2021- B1(Pam.V)-6 passed by respondent No.2.
02. Heard Sri N. Krishna Sumanth, learned counsel for the petitioner and learned Assistant Government Pleader for respondent Nos.1 and 2 and Sri P.Kishore Rao, learned Standing Counsel appearing on behalf of respondent Nos.3 and 4.
03. Learned counsel for the petitioner submits that respondent No.2 issued impugned proceedings on 20.01.2022, 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 the 2 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 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 a 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.
04. Learned Assistant Government Pleader and learned Standing Counsel appearing on behalf of respondents have not disputed the same.
05. 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.
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06. Accordingly, this Writ Petition is allowed. However, respondent-Gram Panchayath is given liberty to take appropriate steps, in accordance with law, if so advised, in respect of alleged encroachment made by the petitioner. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
_____________________________ JUSTICE J. SREENIVAS RAO Dated: 20-NOV-2023 KHRM