Telangana High Court
Sri Vadde Pedda Chennappa vs The State Of Telangana on 26 May, 2022
Bench: Surepalli Nanda
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P.NO.24017 OF 2022
ORDER :
This writ petition is filed seeking a Writ of
Mandamus to declare the order No.40/2002-B (Pts)-1,
dated 19.05.2022 passed by the 2nd respondent, is
illegal, arbitrary and unconstitutional and consequently
set aside the order No. 40/2002-B (Pts)-1, dated
19.05.2022 passed by the respondent in removing the
petitioner from Upa Sarpanch and by duly permitting the
petitioner to discharge her duties as Upa Sarpanch of
Allapur Gram Panchayat, Tandur Mandal.
2. Heard learned counsel for the petitioner, learned
Assistant Government Pleader for Revenue appearing for
the 2nd respondent, learned Assistant Government
Pleader for Panchayat Raj appearing for respondents 1, 3
and 4 and learned counsel appearing for the 5th
respondent.
SN,J
2 WP_24017_2022
3. The impugned order dated 19.05.2022 came to be
passed by the 2nd respondent purportedly in exercise of
power under Section 37 of the Telangana Panchayat Ra
Act, 2018.
4. A perusal of Section 37 of the Telangana Panchayat
Ra Act, 2018, makes it clear that the said power is
conferred on the 2nd 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
inW.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
Grampanchayat in exercise of power under Section 37 of
the Telangana Panchayat Ra 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.
SN,J
3 WP_24017_2022
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, 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 bee 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."
SN,J
4 WP_24017_2022
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 order dated
19.05.2022 is set aside and the writ petition is allowed,
accordingly. There shall be no order as to costs.
8. Pending miscellaneous applications, if any, shall
stand dismissed.
__________________
SUREPALLI NANDA, J
Date: 26.05.2022
Kvrm
SN,J
5 WP_24017_2022
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
W.P.NO.24017 OF 2022
DATED: 26.05.2022
kvrm
