CHAVA ROSAIAH Vs. CHINTALA VENKATESWARLU

JUDGEMENT

(1.) These two appeals arising out of the order passed by the learned Single Judge in W.P.No.17871 of 2003 were heard together and are being disposed of by this common Judgment.

(2.) Writ Petitioner is appellant in Writ Appeal No. 1790 of 2003 and respondent No.2 impleaded in the writ petition is appellant in W.A.No.1537 of 2003. For convenience sake, the parties will be referred to by their status in the Writ Petition.

(3.) Facts in brief are that the writ petitioner was elected as Sarpanch of Mathukumalli Gram Panchayat, Savalyapuram Mandal, Guntur District in 1988 and continued as such till 1995. In the fresh elections held in the year 2000, he was again elected as Sarpanch of Gram Panchyat. It appears that the 2nd respondent and some other members submitted a complaint against the petitioner to the Commissioner of Panchayat Raj, Hyderabad, who directed the District Panchayat Officer, Guntur to conduct an enquiry. On 31-12-2002, the District Panchayat Officer issued a notice to the petitioner stating that four surcharge certificates have been issued against him for a total sum of Rs.38,148.14 p for causing loss to the properties of Gram Panchayat apart from misappropriating funds by him, therefore, the petitioner had incurred disqualification as per Section 14(6), 19(2)(i) and 20(a) of A.P. Panchayat Raj Act, 1994 (hereinafter referred to as the Act). In view of the provisions of Section 22 of the Act, he was called upon to show cause as to why he should not be disqualified as Sarpanch of the Gram Panchayat.