Cherlopalli Gram Panchayat vs The State Of Andhra Pradesh,
2022 Latest Caselaw 2126 AP

     THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
               WRIT PETITION No.1541 of 2022
ORDER:-

      The petitioner is the Sarpanch of Cherlopalli Gram

Panchayat. The cheque power of the petitioner had been

suspended    by   the   2nd   respondent,   by   an   order   dated

05.01.2022, under Rule 42(1) of "The certain taxes and lodging

of moneys received by the Gram Panchayat and payment of

money from the Gram Panchayat Fund Rules".

2. The learned counsel for the petitioner has raised

various grounds challenging the impugned order. However, the

present writ petition can be disposed of on the question of the

authority and jurisdiction of the 2nd respondent, to pass an

order under Rule 42(2). In similar circumstances, this Court in

its order dated 31.03.2022 in W.P.No.7444 of 2022 had

considered the question of whether the District Collector can

pass an order of suspension of the cheque power of a Sarpanch

under Rule 42. This Court after considering the provision of

Rule 42 had held that the District Collector cannot withdraw the

cheque power of a Sarpanch under Rule 42(1), as the District

Collector is the Appellate Authority under Rule 42(2) of the

Rules and cannot act as the primary authority.

3. Following the said judgment, this writ petition is

allowed by setting aside the impugned order dated 05.01.2022,

leaving it open to the respondents to take such action as they

may deem fit according to the Rules, after due opportunity of

hearing to the petitioner. There shall be no order as to costs.

Miscellaneous petitions, pending if any, in this Writ

Petition shall stand closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 28-04-2022

Note:

Issue CC on 02.05.2022 (B/o) RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.1541 of 2022

Date : 28-04-2022

RJS