PUNNA PRAMEELA Vs. REDDIMALLA YADAGIRI

JUDGEMENT

(1.) ORDER :This case discloses an instance of a wrong order passed by the 2nd respondent giving rise to several unnecessary proceedings in various Courts.

(2.) The District Collector, Nalgonda through proceedings dated 8.1,2003 held that the 1st respondent, one R.Yadagiri ceased to be a Member of the Gram Panchayat, Jajireddygudem with immediate effect and directed the Mandal Parishad Development Officer, Arvapally to lodge a criminal Case against the 1st respondent for recovery of Rs.11,49,101/-. The basis for this order is said to be that during his tenure as In-charge Sarpanch of the Gram Panchayat, the 1st respondent had misappropriated a sum of Rs.11,49,101/- and despite the notice as regards disqualification and recovery of amount, he did not respond. The order is said to have been passed in exercise of power under Sections 18(2) and 19(2)(h)(i) of the Andhra Pradesh Panchayat Raj Act, 1994 (herein after referred to as 'the Act').

(3.) Aggrieved by the order dated 8.1.2003, the 1st respondent filed O.P. No.1 of 2003 in the Court of Junior Civil Judge, at Nakrekal (Full Additional Charge, Suryapet). The petitioner herein who is the Sarpanch of the Gram Panchayat and respondent No.4 in the O.P had filed this Civil Revision Petition under Article 227 of the Constitution of India contending that the O.P. was not maintainable in the Court of Junior Civil Judge. According to her, in view of the amendment to the Act carried through Amendment Act 22 of 2002, the proper forum was the District Court and not the Court of Junior Civil Judge. Reliance is placed on Section 22-A of the Act inserted through the said amendment.