POLEPALLY LAXMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioner was elected as Sarpanch of the Gudur Gram Panchayat of Miryalaguda Mandal, Nalgonda District, in the year 2006. The District Collector, nalgonda, the 2nd respondent herein, initiated proceedings under Section 249 of the a. P. Panchayat Raj Act, 1994 (for short 'the Act'), against the petitioner. On the basis of a complaint submitted by the Upa sarpanch and certain Members of the Gram panchayat, a show-cause notice, dated 9. 4. 2007, was issued, in which six charges were framed. The petitioner submitted his explanation, on 4. 5. 2007. On receipt of the explanation, the 2nd respondent called for remarks of the Divisional Panchayat officer, Miryalaguda, the 4th respondent herein, through the District Panchayat officer, Nalgonda, the 3rd respondent herein. On a consideration of the same, he passed an order, dated 9. 7. 2007, directing removal of the petitioner from the office of Sarpanch. The petitioner filed an appeal before the 1st respondent. The appeal was dismissed through orders in G. O. Rt. No. 1764, dated 24. 11. 2008. The same is challenged in this writ petition.

(2.) THE petitioner contends that the 2nd respondent did not examine the matter by himself and simply by making a reference to the remarks offered by the Divisional panchayat Officer, the order of removal was passed. He further contends that the 1st respondent did not take into account the principal contention, namely non-application of mind, by the 2nd respondent.

(3.) THE 6th respondent filed a counter-affidavit supporting the impugned proceedings.