Telangana High Court
Mohammed Sajid Basha vs Sri Chellapuram Vinod Goud on 19 November, 2021
Bench: Satish Chandra Sharma, A.Rajasheker Reddy
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
W.A.No.372 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
18.06.2021 passed by the learned Single Judge in W.P.No.13563 of
2021.
The undisputed facts of the case reveal that the respondent
No.1 before this court, Sarpanch of Manneguda Gram Panchayat,
was arrested and sent to judicial custody on 06.03.2021, on
account of involvement in a corruption case registered for an
offence under Section 7(a) of the Prevention of Corruption Act,
1988 read with Section 384 IPC. He was placed under suspension
on 12.03.2021. The order of suspension was challenged by the
Sarpanch before this court and the writ petition has been allowed.
The order passed by the learned Single Judge reveals that
the learned Government Advocate appearing in the matter stated
before the learned Single Judge that Sarpanch is not a public
servant and in those circumstances, the learned Single Judge has
set aside the order dated 12.03.2021, meaning thereby the
suspension order has been revoked.
Section 277 of the Telangnaa Panchayat Raj Act, 2018 is
reproduced as under:-
277. Chairperson, President, Sarpanch to be public
servants:- The Chairperson, the Vice-Chairperson or a member
of a Zilla Praja Parishad, the President, the Vice-President or a
member of a Mandal Praja Parishad, the Sarpanch, Upa-
Sarpanch or a member of a Gram Panchayat, the Chief
Executive Officer, the Mandal Parishad Development Officer, the
Panchayat Secretary or any officer or servant of a Zilla Praja
Parishad or a Mandal Praja Parishad or the Gram Power to call
for records. Protection of acts done in good faith. Chairperson,
President, Sarpanch to be public servants. 248 [Act No.5 of
2018] Panchayat shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code (Central Act
45 of 1860).
The aforesaid statutory provision of law makes it very clear
that Sarpanch is a public servant.
In the light of the aforesaid statutory provision of law, the
order passed by the learned Single Judge is set aside. However, as
other grounds were also raised in the writ petition, the matter is
remanded back to the learned Single Judge to decide
W.P.No.13563 of 2021. The parties shall appear before the learned
Single Judge on 06.12.2021. The appellant before this court shall
also be free to file an appropriate impleadment application before
the learned Single Judge and the learned Single Judge shall
certainly be free to proceed ahead in accordance with law.
With the aforesaid, the writ appeal stands disposed of.
Pending miscellaneous applications, if any, shall stand
closed.
___________________________
SATISH CHANDRA SHARMA, CJ
___________________________
A.RAJASHEKER REDDY, J
19.11.2021
JSU
