D RAMAMURTHY Vs. DISTRICT PANCHAYAT OFFICER

JUDGEMENT

(1.) The petitioner was elected as Sarpanch of Chandragiri Village, Chandragiri Mandal, Chittoor District. The respondent herein passed an order dated 19.9.2005, withdrawing the powers of the petitioner to operate the funds of the Grampanchayat. The petitioner challenges the same.

(2.) Petitioner submits that the impugned order was passed in violation of principles of natural justice, and without jurisdiction. He contends that the power under Rule 42(1) of the rules framed under G.O. Ms. No.30, Panchayat Raj & Rural Development & Relief Department, dated 20.1.1995, hereinafter referred to as "the Rules", can be exercised, only against the Executive Authority of a Grampanchayat, and that the Sarpanch of a village cannot be treated as, or equated to the Executive Authority.

(3.) Sri C. Ramachandra Raju, learned Counsel for the petitioner submits that the Andhra Pradesh Panchayat Raj Act, 1994, for short "the Act", maintains a clear distinction between a Sarpanch and Executive Authority, and that the powers under Rule 42 of the rules can be invoked, only against an Executive Authority, and not against a Sarpanch. He has urged some other grounds also, touching the merits of the matter.