T V NARASIMHA RAO Vs. DIVISIONAL PANCHAYAT OFFICER

JUDGEMENT

(1.) An interesting question, though not of much importance, arises for consideration in this writ petition i.e., whether a Sarpanch would incur disqualification and cease to be so under the provisions of the Andhra Pradesh Gram Panchayats Act, when he is expected to convene the meeting of Gram Sabha within 180 days from the date of the last meeting, delegated his powers by virtue of the provisions of Section 26 (5) to the Upa-Sarpanch in specific terms who has not convened the meeting of Gram Sabha within the time stipulated.

(2.) The admitted facts of the case are as follows: The 2nd respondent is the Sarpanch, Madhira Gram Paachayat, Madhira, Khammam district. He delegated some of his powers and functions under Section 26(5) of the Act to the Upa-Sarpanch through proceedings Roc. No. A-1/543/83, dated 17-10-1983 in view of his engagements in flood relief works. In view of the above, the Upa-Sarpanch has to conduct the Gram Sabha meeting within 180 days from the date of the last meeting. In this case the last meeting of Gram Sabha was held on 26-4-1983. Therefore, according to the writ petitioner, again the meeting of Gram Sabha ought to have been held on or before 23-10-1983. But the Upa-Sarpanch failed so to do. In the circumstances the petitioner contends that the Sarpanch, the 2nd respondent herein would cease to be the Sarpanch of the Gram Panchayat.

(3.) In this contention the relevant provisions may be extracted. Section 25 (2) of the Act reads thus :