M.Nagamani vs State Of Telangana And 3 Others
2022 Latest Caselaw 2699 Tel

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

               WRIT PETITION NO.25009 OF 2022

ORDER:

This Writ Petition is filed seeking a Writ of Mandamus to

declare the proceedings No.B5/231/2022-2 dated 24.05.2022 of

the second respondent in suspending the petitioner from the

post of Upa Sarpanch of Lakkora Village, Vailpoor Mandal,

Nizamabad District, under Section 37(5) of the Telangana

Panchayat Raj Act, 2018 ("the Act, 2018" for brevity), as

arbitrary and illegal.

2. Heard learned counsel for the petitioner and learned

Assistant Government Pleader for Panchayat Raj for the

respondents.

3. The impugned order dated 24.05.2022 came to be passed

by the second respondent purportedly in exercise of power

under Section 37(5) of the Act, 2018.

4. A perusal of Section 37 including Section 37(5) of the Act,

2018, makes it clear that the said power is conferred on the

second respondent only for taking action against 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 2 MSK,J W.P.NO.25009 OF 2022

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 authorising the Collector to place them under suspension, the question of interference with the orders passed by the learned Single Judge does not arise."

                                 3                   MSK,J
                                            W.P.NO.25009 OF 2022

6. Learned Assistant Government Pleader for Panchayat Raj

has not disputed the above settled legal position and 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 order dated

24.05.2022 is set aside and the Writ Petition is allowed,

accordingly.

There shall be no order as to costs. Miscellaneous

applications, if any, pending shall stand closed.

_____________________________________ (MUMMINENI SUDHEER KUMAR, J)

14th June 2022 RRB