V CHANDRA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner filed the present writ petition praying this Court to issue a writ of mandamus declaring the action of the second respondent namely, District Collector, Medak District, in issuing Proceedings No. A4/6668 of 2001, dated 27-12-2001 appointing the third respondent as Panchayat Secretary to the fourth respondent Grain Panchayat, as arbitrary and illegal. He also sought a direction to respondents 1 and 2 to continue the present Executive Officer to the fourth respondent Gram Panchayat.

(2.) The petitioner is the Sarpanch of the fourth respondent Gram Panchayat. It is a notified Gram Panchayat, by reason of a notification dated 30-1-1999 issued by the District Collector. As it is a notified Gram Panchayat it should have an Executive Officer under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 ('the Act') and, therefore, an Executive Officer was posted for the said Gram Panchayat. After issue of G.O.Ms.No. 369, Panchayat Raj and Rural Development (MDL.II) Department, dated 12-12-2001 creating the posts of Panchayat Secretaries for notified as well as non-notified Gram Panchayats, the second respondent, by proceedings dated 27-12-2001 posted the third respondent as Executive Officer - Special Category (IV) Panchayat Secretary of the fourth respondent Gram Panchayat. This order is assailed in this writ petition.

(3.) Sri V. Venkataramana, learned Counsel for the petitioner submits that the second respondent has no power to appoint a Village Development Officer (VDO) as Panchayat Secretary to the notified Gram Panchayat. He also submits that the impugned order was passed on some extraneous considerations and the interest of the Gram Panchayat will be seriously jeopardized if the third respondent, who is allegedly a VDO, is appointed as Panchayat Secretary.