V.Saidulu vs The State Of Telangana And 3 Others
2023 Latest Caselaw 4160 Tel

 THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

               WRIT PETITION No.9714 of 2022

ORDER:

This Writ Petition is filed seeking Writ of

Mandamus declaring the order dated 20.01.2022 in

Proceedings No.4110/2021-B1(Pam.V)-6 passed by

respondent No.2 as being arbitrary, illegal and

unconstitutional and consequently, set aside the order

dated 20.01.2022 in Proceedings No. .4110/2021-

B1(Pam.V)-6 passed by respondent No.2.

02. Heard Sri N. Krishna Sumanth, learned

counsel for the petitioner and learned Assistant

Government Pleader for respondent Nos.1 and 2 and

Sri P.Kishore Rao, learned Standing Counsel

appearing on behalf of respondent Nos.3 and 4.

03. Learned counsel for the petitioner submits

that respondent No.2 issued impugned proceedings

on 20.01.2022, 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 the

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 a 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.

04. Learned Assistant Government Pleader and

learned Standing Counsel appearing on behalf of

respondents have not disputed the same.

05. 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.

06. Accordingly, this Writ Petition is allowed.

However, respondent-Gram Panchayath is given

liberty to take appropriate steps, in accordance with

law, if so advised, in respect of alleged encroachment

made by the petitioner. There shall be no order as to

costs.

As a sequel, miscellaneous petitions, pending if

any, shall stand closed.

_____________________________ JUSTICE J. SREENIVAS RAO Dated: 20-NOV-2023 KHRM