Ganta Venkata Ramana Reddy vs The Chief Executive Officer,Zilla ...
2024 Latest Caselaw 106 Tel

Citation : 2024 Latest Caselaw 106 Tel
Judgement Date : 5 January, 2024

Telangana High Court

Ganta Venkata Ramana Reddy vs The Chief Executive Officer,Zilla ... on 5 January, 2024

           IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
                              AT HYDERABAD

                                (Special Original Jurisdiction)

                   FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY
                             TWO THOUSAND AND TEN

                                          :PRESENT:

                  THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY

                             WRIT PETITION NO : 4617 of 2010

Between:

Ganta Venkata Ramana Reddy, S/o.Mohan Reddy
R/o.Kalvacherla village at Kamanpur Mandal, Karimnagar district



                                                                                   ..... Petitioner

                                             AND



1   The Chief Executive Officer, Zilla Parishad Karimnagar, rep. by J.Guruvaiah,

S/o.Ramulu, Occ: Chief Executive Officer, R/o. Karimnagar.
2 Koleti Maruthi S/o.Nagabhushanam, Age 49 years, Occ: Business, R/o.Kamanpur

Village & mMandal Karimnagar District.

                                                                               .....Respondents



                Petition under Article 226 of the constitution of India praying that in the
circumstances stated in the Affidavit filed herein the High Court be pleased to issue a writ
order or direction more particularly one in the nature of may be pleased to issue a writ, order
or a direction more particularly one in the nature of Writ of Certiorari calling for the judgment
and order passed in OP.No.17 of 2007 on the file of the I Additional District Judge,
Karimnagar dated 22.1.2010 in declaring the petitioner as disqualified as Member of Zilla
parishad Territorial Constituency of Kamanpur, Karimngar district and also consequential
proceedings of the District Collector in proceedings No.D2/1463/2006, dated 28.1.2010
which was received on 6.2.2010 as being illegal, arbitrary, unreasonable and contrary to the
provisions of AP Panchayat Raj Act,1994 and quash the same.



                 The petition coming on for hearing, upon perusing the petition and the
affidavit filed herein and upon hearing the arguments of Sri D. Bhaskar Reddy, Advocate for
the Petitioner and Sri G. Elisha, SC for ZPP, Karimnagar for the Respondent No.1 and Sri
M. Ramalingeswar Reddy, Advocate for the Respondent No.2, Court made the following



ORDER

The petitioner was elected as Zilla Parishad Territorial Constituency member. The 1st respondent filed O.P. No.17 of 2007, on the basis of a complaint submitted by the 2nd respondent, in the Court of I Additional District Judge, Karimnagar, under Section 22 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'), alleging that the petitioner incurred disqualification. The O.P. was allowed through judgment dated 22-01-2010. The same is challenged in this Writ Petition.

Respondent 1 and 2 were already represented.

Section 22 of the Act mandates that pending the adjudication by the District Court, no disqualification shall be attached. The correctness or otherwise of the judgment rendered by the District Judge, needs to be examined by this Court. The matter can be decided at the admission stage.

Post for admission, after two (2) weeks, before the concerned Court.

In the meanwhile, the judgment in O.P. No.17 of 2007 and the consequential order dated 28-01.2010, shall remain suspended.

ASSISTANT REGISTRAR

// TRUE COPY //

for ASSISTANT REGISTRAR

1 J.Guruvaiah, S/o.Ramulu, Chief Executive Officer, Zilla Parishad Karimnagar, R/o.

Karimnagar.

2 Koleti Maruthi S/o.Nagabhushanam, Occ: Business, R/o.Kamanpur

Village & mMandal Karimnagar District. (1 & 2 by RPAD )

3. One CC to Sri D. Bhaskar Reddy, Advocate (OPUC)

4. One spare copy.

HIGH COURT