DASARI PANAKALU Vs. STATE OF A P REP

JUDGEMENT

(1.) The question that arises for consideration in this writ petition is: Whether a Sarpanch, who has been intimated by the Divisional Panchayat Officer under Sub-section (3) of Section 25 of the Andhra Pradesh Gram Panchayat Act that he has ceased to be the Sarpanch, can approach the Government by way of revision under Section 232 directly, without complying with the procedure prescribed in sub-section (3) of Section 25?

(2.) The facts which are not in dispute are as follows : The 3rd respondent is the Sarpanch of the Gram Panchayat. An intimation was given to him by the Divisional Panchayat Officer on 11-5-1979 that he has ceased to be the Sarpanch of the Gram Panchayat under Section 25(2) for the reason that he failed to convene the meetings of the Gram Panchayat as required by the said sub-section. After receiving this intimation the third respondent did not dispute the correctness of the cessation intimated, before the Divisional Panchayat Officer or before the Executive Authority of the Gram Panchayat or before the Commissioner. He directly approached the Government by way of a revision petition under Section 232 of the Act which revision was entertained by the Government and an interim order was passed on 5-6-79 keeping the order issued by the Divisional Panchayat Officer in abeyance. It appears that the petitioners, who are the members of the gram panchayat, applied to the Government for vacating the interim order on 20-6-79 but before the Government could pass any orders on that petition they approached this Court on 25-6-79. The main contention of Mr. Chandrasekhara Rao, the learned counsel for the petitioners is that the revision to the Government is not maintainable and the Government has no power to entertain the revision unless and until the sarpanch follows the procedure prescribed by sub-section (3). For answering this question it is necessary to set out certain provisions of the Act relevant on this behalf.

(3.) Sub-section (1) of section 25 obliges the Sarpanch inter alia to convene the meetings of the Gram Panchayat and Gram Sabha. Subsections (2) and (3) as amended by Act 46 of 1976 read as follows :-