B NARAYAN Vs. G THIRPATH REDDY

JUDGEMENT

(1.) This is a petition to remove on certiorari the order of the Munsif-Magistrate, Warangal, disqualifying the petitioner from continuing as a panch. The petitioner is the present sarpanch of Atmakur village in Warangal district.

(2.) He has been either a panch or sarpanch of this panchayat ever since 1952. On the allegation that during his term of office as sarpanch between 1952 to 1955 he had misappropriated a sum of about Rs. 2,170 for the recovery of which the District Collector passed orders under section 127 of the Hyderabad Gram Panchayats Act (XVII of 1956) (hereinafter called the Act), resulting in his being disqualified to continue as panch, the first respondent, a voter of that village filed a petition before the Munsif-Magistrate, Warangal.

(3.) The case of the first respondent was that when the petitioner was a sarpanch of that panchayat from 1952 to 1955 the land covered by Survey No. 10 was acquired from the Government for construction of houses by the Village Panchayat, that they were plotted out and sold, that a sum of Rs. 2,170-41 nP. was realised but the petitioner credited the Panchayat with Rs. 720 only and misappropriated the balance, that sometime in June, 1960, the District Collector after holding an enquiry as required by section 127 of the Act found the petitioner guilty of misappropriation and directed him to reimburse the Panchayat of the amount embezzled by him within a specified date and that as the petitioner failed to comply with the direction of the Collector, the first respondent, as an ordinary voter, served a notice on the petitioner on 16th August, 1960, calling upon him to pay the amount found due by him within, fifteen days thereof failing which appropriate action would be taken against him. That petition was opposed on various grounds, the chief of them being that section 19 would not govern the present case, as the petitioner had not incurred any disqualification within the sweep of section 18 of the Act. The Munsif-Magistrate negatived this objection and decided the issue of disqualification against the petitioner in the view that an order under section 127 of the Act would attract section 18 and consequently the petitioner could not continue as a sarpanch. It is this order of the Munsif-Magistrate that is challenged before us in this petition under Article 226 of the Constitution.