Boga Ramu vs The State Of Telangana
2023 Latest Caselaw 4065 Tel

      HON'BLE SRI JUSTICE J. SREENIVAS RAO

              WRIT PETITION No.1106 of 2022

ORDER:

This writ petition is filed seeking following relief:

"...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the order vide Procs. No.E/5/415/2021, dated 09.12.2021 passed by the 2nd Respondent without considering explanation submitted by the petitioner as illegal, arbitrary unconstitutional against the principles of natural justice and consequently set aside the same directing the Respondents to continue the petitioner as ward member of ward No.13 of Velmal Grampanchayat, Nandipet Mandal, Nizamabad District ..."

2. Heard Sri N. Srushman Reddy, learned counsel for

the petitioner and learned Assistant Government Pleader

for respondent Nos.1 to 4 and Sri P.Kishore Rao, learned

Standing Counsel appearing on behalf of respondent

Nos.5 to 7.

3. Learned counsel for the petitioner submits that

respondent No.2 issued impugned proceedings on

09.12.2021, suspending the petitioner from the post of

ward member without considering the representation

submitted by the petitioner. He further submits that as

per the provisions of Telangana Panchayat Raj Act, 2018

(Act 5 of 2018) as amended by Act 7 of 2020(hereinafter

called 'Act' for brevity), respondent No.2 is not having

jurisdiction or authority to suspend the petitioner from

the post of ward member. He further submits that the

issue raised in the writ petition is squarely covered by the

judgment passed by the Division Bench of this Court in

W.A.No.610 of 2021 and batch, dated 15.12.2021 wherein

it is held that there is no provision under the 'Act' to

suspend the Upa-Sarpanch and Ward Members.

4. Learned Assistant Government Pleader and learned

Standing Counsel appearing on behalf of respondents

have not disputed the same.

5. In view of the above said submissions and also the

principle laid down by the Division Bench of this Court in

W.A.No.610 of 2021 and batch as stated supra, the

impugned order passed by respondent No.2 dated

09.12.2021, is liable to be set aside. Accordingly set aside.

6. Accordingly, the writ petition is allowed. However,

respondent Gram Panchayat is given liberty to take

appropriate steps, in accordance with law, if so advised, in

respect of alleged encroachment made by the petitioner.

No costs.

As a sequel, miscellaneous petitions, pending if any,

shall stand closed.

_____________________________ JUSTICE J. SREENIVAS RAO 16th November, 2023 PSW