CHINTHALA VENKATESWARLU Vs. DISTRICT PANCHAYAT OFFICER GUNTUR

JUDGEMENT

(1.) The petitioner has been elected as Sarpanch of Mathukumalli Gram Panchayat, Savalyapuram Mandal, Guntur District. He has been issued a notice dated 31-12-2002 directing him to show-cause as to why he should not be treated as having incurred disqualification on account of his failure to remit the amounts to a tune of Rs.38, 148/-, which amount was found to have been misappropriated by him in his previous tenure as Sarpanch. He has submitted an explanation, disputing the same. Taking the same into account, the District Panchayat Officer had issued proceedings dated 7-8-2003 intimating the petitioner that he has incurred disqualification under Section 19(2)(1) read with Section 14 of A.P. Panchayat Raj Act, 1994 (for short 'the Act'). The petitioner challenges the same.

(2.) Learned Counsel for petitioner Mr. O. Manohar Reddy submits that the District Panchayat Officer/first respondent is not conferred with the power to adjudicate the matter, and once the petitioner disputes the allegation as to disqualification, the only course open for him, is to refer the matter to a Civil Court as provided under Section 22 of the Act. It is also his case that till the period of 60 days stipulated under the Act expired, the disqualification cannot operate.

(3.) Learned Government Pleader for Panchayat Raj and Mr. D. Suderhsan Reddy, learned Counsel for second respondent, submit that the intimation of disqualification is provided under Section 22 of the Act and once the intimation is served on a Sarpanch or a member as the case may be, the disqualification would begin to operate. According to them, the aggrieved person or the Executive Officer of the Gram Panchayat, on the directions of the Gram Panchayat or Commissioner, may refer the matter to the District Court for adjudication in this regard.