Telangana High Court
Thorpunuri Jangaiah vs The State Of Telangana on 25 April, 2022
Bench: Mummineni Sudheer Kumar
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.20743 of 2022
ORDER:
Heard learned counsel for the petitioner, learned
Government Pleader for Panchayat Raj and Rural Development
appearing for respondents 1 to 4 and Sri C. Kalyan Rao, learned
standing counsel appearing for respondent No.5.
2. This writ petition is filed seeking a writ of mandamus
declaring the action of the District Collector, Ranga Reddy
District, the 2nd respondent, in issuing impugned proceedings
No.Procg.No.699/2022-A2(Pts)-2, dated 18.04.2022, as
arbitrary, illegal, unconstitutional and without jurisdiction.
3. The impugned proceedings are shown to have been issued
in exercise of power under Section 37 (5) of the Telangana
Panchayat Raj Act, 2018 suspending the petitioner herein who
is elected as Ward Member of 11th Ward, Abdullapur Gram
Panchayat.
4. A perusal of Section 37 of the Act, 2018, makes it clear
that the said power is conferred on the second respondent only
in respect of Sarpanch of the Gram Panchayat but not against
the Upa Sarpanch of the Gram Panchayat. Further, this aspect
of the matter has already been considered by this Court in
W.P.No.22668 of 2021 and Batch, wherein learned Single Judge
of this Court opined that the District Collector has no power to
remove Upa Sarpanch of Gram Panchayat in exercise of power
under Section 37 of the Act, 2018. The relevant portion of the
judgment reads as under:
"As stated above, there is no provision under the
Act to issue show cause notices to the Upa Sarpanch and
Ward Members of Gram Panchayat. Section 37 of the Act
deals with the removal of the only Sarpanch but not with
regard to removal of Upa Sarpanch and Ward Members.
Though, prima facie, there are serious allegations against
the Upa Sarpanch and Ward Members, there is no
procedure prescribed under the Act, to remove them from
the post of Upa Sarpanch and Ward Members by the 1st
Respondent by way of initiating procedure. At the cost of
repetition, as discussed supra, Section 37 of the Act deals
with the removal of the Sarpanch only."
5. The said order of the learned Single Judge is also
confirmed by the Division Bench of this Court in W.A.No.610 of
2021 and Batch and the relevant portion of the judgment reads
as under:
"In the considered opinion of this Court once the Act
does not provide for placing the Upa-Sarpanch and Ward
Members under suspension and no specific provision has
been brought to the notice of this Court authorizing the
Collector to place them under suspension, the question of
interference with the orders passed by the learned Single
Judge does not arise."
6. Learned Assistant Government Pleader for Panchayat Raj
has fairly conceded that this matter is squarely covered by the
order of this Court dated 15.12.2021 in W.A.No.610 of 2021 and
Batch.
7. In the light of the above, the impugned proceedings
No.699/2022-A2(Pts)-2, dated 18.04.2022, is set aside and the
Writ Petition is accordingly allowed. Miscellaneous Petitions,
if any, pending in this writ petition shall stand closed.
____________________________________
MUMMINENI SUDHEER KUMAR, J
Date:25.04.2022
Note:- Learned standing counsel for
Gram Panchayat is requested to
communicate this order to the concerned.
(B/o)
KH
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.20743 of 2022
Date:25.04.2022
KH
