YEMENI VENKATA RATNAM Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) A short but interesting question of law as regards the interpretation of Sec.249 (1) vis-a-vis Section 143 of the A.P. Panchayat Raj Act (for short 'the Act') arises for consideration in this application.

(2.) The basic fact of the matter lies in a very narrow compass.

(3.) The petitioner-appellant was elected as Sarpanch, Kodada Gram Panchayat in Nalgonda District on 22-10-1995 and his term expired on 23-10-2000 The State in exercise of its power conferred upon it under Section 143(3) of the Act took a policy decision to appoint Sarpanchas as persons in-charge. Such power was delegated to the Collector by reason of G.O.Ms.No. 113, Panchayat Raj Department, dated 4-3-1996. The petitioner together with four persons were appointed as persons in-charge. While he was so acting in-charge, several charges were framed against him and by reason of the proceedings No. 402/2001/A/ Panchayat, dated 18-6-2001 he was purported to have been removed from the said office in terms of Section 249 (1) of the Act.