BIJJA SRINIVAS Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) The writ is filed seeking a direction to the respondents 2 and 3 to detain and disqualify the 5th respondent to act as a Ward Member of the 2nd Ward of Nagaram Village, Keesara Mandal, Ranga Reddy District under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (for short the Act).

(2.) The facts are not in dispute. It is the case of the petitioner that that 5th respondent was found to have had three children and thereby the disqualification attached to him under Section 19(3) of the Act making him ineligible to continue as a Ward Member of the 2nd Ward of Nagaram Village, Keesara Mandal, Ranga Reddy District. Bringing the disqualification earned by the 5th respondent, petitioner submitted a representation to the 2nd respondent -District Collector on 25.05.2015, but no action has been taken against the 5th respondent so far. Hence, the present writ petition.

(3.) Sri P. Pravin Kumar, learned counsel for the petitioner by placing reliance on the judgments of this Court reported in N. Tirupataiah v. District Panchayat Officer, Nellore and others and G. Janaki Ramudu v. State of Andhra Pradesh and another submits that even though the petitioner brought the fact of 5th respondent having more than two children, the respondents are not initiating any action against the 5th respondent and hence he prays to allow the writ petition.