M KAVITHA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) By proceedings dated 11.11.2009 the Collector (Panchayat Wing), Karimangar, suspended the petitioner Sarpanch by exercising powers under Section 249(6) of the Andhra Pradesh Panchayat Raj Act, 1994. Assailing the same, the present writ petition was filed and a consequential direction was sought to the respondent authorities not to interfere with the peaceful and lawful functioning of the petitioner in office without following the due process of law.

(2.) By order dated 26.11.2009, this Court granted interim suspension of the impugned proceedings for a period of two weeks which was extended from time to time upto 18.3.2010. As there was no further extension beyond the said date, the interim order expired. However, it is stated by the learned Counsel for the petitioner that the respondent authorities did not give effect to the impugned proceedings even thereafter.

(3.) Respondents 5 to 13, being the Upa-Sarpanch and Ward Members of Tadicherla Gram Panchayat, who got themselves impleaded in the writ petition, filed a vacate stay application seeking to justify the action taken by the authorities against the petitioner Sarpanch. These respondents sought to support the allegations levelled against the petitioner Sarpanch with regard to the various irregularities said to have been committed by her. They denied the petitioner's allegation that the impugned proceedings were passed without application of mind. They complained that the petitioner is working to the detriment of the interest of the general public and sought vacation of the interim orders granted by this Court.