BUNTUPALLY PATHANA Vs. DISTRICT COLLECTOR PANCHAYAT WING KAKINADA

JUDGEMENT

(1.) The petitioner is an Upa-Sarpanch of Yeleswaram Gram Panchayat in East Godavari District. Assailing the proceedings of the first respondent in ROC. No. 596/99-A1 dated 3-2-2000, he filed this writ petition under Article 226 of the Constitution of India praying for a Writ in the nature of Certiorari to quash the impugned order by holding the same as illegal arbitrary, mala fide, politically influenced and unjust and against the interests of Panchayat at large and for a consequential direction to the first respondent to hold a detailed enquiry on the allegations against the second respondent.

(2.) The averments made in the affidavit accompanying the writ petition are as follows :

(3.) The second respondent was elected as Sarpanch to the Gram Panchayat of Yeleswaram in the year 1994. Since the beginning of his term, the second respondent has been resorting to various financial irregularities, corrupt practices and misuse of powers. Therefore, the petitioner, who is Upa-Sarpanch, elected to the said Gram Panchayat in the year 1994, gave a complaint to the first respondent, bringing all the misdeeds and corrupt practices of the second respondent to his notice. Some of the acts of malfeasance and misfeasance as disclosed in the affidavit are that though the second respondent is drawing advances from Jawahar Rozgar Yojana (JRY) funds he did not execute the work, that he has committed irregularities in purchase of Uniform material to the Sweepers and misused the money, that without permission from the concerned authorities he auctioned "rain trees" in the village and misappropriated the money, that he purchased the electrical equipment of inferior quality for exorbitant rates contrary to rules to make illegal benefits, and that he illegally approved the layouts of AMG and RMC Public School which action, is being referred to the Director of Town Planning as per resolution of Gram Panchayat.