CHENNABOINA SAMBAIAH Vs. DISTRICT COLLECTOR WARANGAL DISTRICT

JUDGEMENT

(1.) The petitioner, who is Upa Sarpanch of Muthojipeta Gram Panchayat, filed this writ petition, seeking to declare the action of the respondents in continuing the 4th respondent as Sarpanch of the said Gram Panchayat, despite acquiring disqualification under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (for brevity the Act), as illegal, unauthorized, arbitrary and contrary to the provisions of the Act and Rules made thereunder and the spirit and object of proviso under Section 19(3) of the Act.

(2.) It is averred that the 4th respondent and the petitioner were elected as Sarpanch and Upa-Sarpanch of Muthojipeta Gram Panchayat in the elections held on 17-8-2001. It is the case of the petitioner that the 4th respondent at the time of election as Sarpanch, was having more than two children and suppressing this fact, he entered the office and, as such, the petitioner and other members made a representation dated 31-12-2002 to the 2nd respondent enlightening him of this fact, who in turn by his letter dated 12-3-2003 directed the third respondent to issue show-cause notice to the 4th respondent calling upon him to explain as to why action should not be taken for violation of Section 19(3) of the Act. Subsequently, the first respondent basing on the report of the Mandal Revenue Officer, Narasampet, concluded that the 4th respondent has acquired disqualification in giving birth to 3rd child and thus passed an order Proceedings No.l9/2003/A2 dated 8-5-2003. This order was assailed by the 4th respondent before this Court in W.P.NO. 19854 of 2003 and a learned Single Judge of this Court disposed of the same on 2-7-2003 at the stage of admission, on the ground of alternative remedy, directing the 4th respondent to approach the District Court within a period of one month from the date of receipt of a copy of the order and seek appropriate orders. Pursuant thereto, the 4th respondent file OP No.610 of 2003 before the learned Principal District Judge, Warangal. Subsequently, the first respondent has issued proceedings dated 4-10-2003 permitting the 4th respondent to continue in the post of Sarpanch, subject to the result of OP No.610 of 2003. It is stated that the said O.P. was dismissed as not pressed and as such there was no stay and the disqualification acquired by the 4th respondent is clear, which disentitles him to hold the post of Sarpanch any further. Therefore, since the official respondents have failed to discharge their duties, in spite of his best efforts, the petitioner came up with this writ petition.

(3.) Before deciding the controversy, I would like to refer to the proceedings passed by Mr. K. Prabhakar Reddy, I.A.S., District Collector, (Panchayat Wing), Warangal, first respondent herein. The first respondent, based on the representation dated 31-12-2002 submitted by the petitioner herein, called for a report from the Mandal Revenue Officer, Narasampet, who submitted a report dated 11-12-2003, stating that the 4th respondent D. Laxman, has given birth to 3rd child on 5-10-2002. Consequent thereto, on the show-cause notice of the 2nd respondent, the 4th respondent submitted reply, which is said to be not convincing. Therefore, the first respondent passed the order dated 8-5-2003, a part of which reads as under: