BANDI NAIDU Vs. PAVULURI RAMANUJIAH

JUDGEMENT

(1.) The petitioner who is a member of the Gram Panchayat of Carnipudi seeks information from the 1st respondent as to the authority on which he is now holding the office of President and member of the Gram Panchayat of Carnipudi. It is admitted that the respondent was first elected as a member, later Upa Sarpanch and still later Sarpanch of the Gram Panchayat. The petitioners contention is that the first respondent has not paid property-tax for the year 1965-66 and he is therefore disqualified from holding office by reason of Sec. 20 of the Andhara Pradesh Gram Panchayat Act. It is stated by him that Panchayat Extension Officer who inspected the records of the Panchayat has also submitted a report to the Commissioner of Panchayats to that effect and yet no action has been taken. Consequent on the failure of the authorities to take action he has invoked the jurisdiction of the High Court under Art. 226 for the issue of a writ of Quo Warranto.

(2.) A duly elected member does not cease to be a member merely because some one alleges that he has incurred a disqualification. The Act has provided a machinery for determination of questions regarding disqualification. Section 22 which prescribes the machinery runs as follows:

(3.) It is seen from S. 22 that any voter or authority may make an allegation in writing to the Executive Authority of a Panchayat that a member of the Panchayat has become disqualified. On receipt of such an allegation in writing the Executive Authority shall give intimation of such allegation to the member concerned. The member may admit the allegation in which case he will cease to be a member or he may dispute the correctness of the allegation in which case a reference has to be made to the District Munsif for determining the question of disqualification. The reference may be made by the member concerned or any other member or the Executive Authority at the instance of the Gram Panchayat or Commissioner. Where the Executive Authority is directed to make a reference by the Gram Panchayat or the Commissioner he is bound to do so. Sub-sec. (2) further provides that pending decision by the District Munsif the member shall he entitled to act as if he was not disqualified. It is therefore clear that it is open to any member who alleges that another member has incurred a disqualification to invoke the jurisdiction of the District Munsif to decide the question of disqualification. The question of disqualification can only be decided on evidence and a writ proceeding is obviously a most inappropriate proceeding for deciding such a question. The writ petition is therefore, dismissed with costs. Advocates fee Rs. 100.