RAMA RAO Vs. MOHD. SADULLA

JUDGEMENT

(1.) THIS appeal is directed against order of the learned Trial Judge, dated 25.11.2014, by which His Lordship has been pleased to allow the Writ Petition and set aside the order of the learned District Judge, suspending the proceedings issued by the Presiding Officer with regard to defiance of whip by the appellant and incurring resultant disqualification.

(2.) IT appears from the records that the first respondent herein has filed the Writ Petition against Government of Telangana. Learned counsel for both the parties agreed to the fact that the Government of Telangana is not sui juris under Article 300 of the Constitution of India. Even the Government of Telangana was not made party before the learned District Judge. The writ petitioner on his own has impleaded it as party respondent. The learned Trial Judge by necessary implication accepted the Government of Telangana as sui juris. We declare that the Government of Telangana is not sui juris and it is the State of Telangana. Under Article 300 of the Constitution of India read with Section 79 of Code of Civil Procedure, the Presiding Officer, though Officer of the State Government, has discharged statutory function, hence, he can be sued. So, the Officer himself is the sui juris. Government of Telangana was not required to be impleaded as party respondent. We could have deleted, but when the learned Trial Judge has accepted, we cannot delete on our own.

(3.) MR . E. Manohar, learned Senior Advocate, appearing for the appellant, submits, in his usual fairness, that proceeding instituted by his client before the learned District Judge is not legal. He submits that order impugned before the learned District Judge was passed by the Presiding Officer. Under the statute, remedy is by way of application, namely, Original Petition. But, under the wrong advice, the appellant has presented Civil Miscellaneous Appeal before the learned District Judge and the learned District Judge has accepted the same and passed order accordingly. He also submits that his client will file appropriate proceedings as provided under Section 153A of the Andhra Pradesh Panchayat Raj Act, 1994.