LAWS(TLNG)-2021-12-48

BAKKA PULLAIAH Vs. STATE OF TELANGANA

Decided On December 10, 2021
Bakka Pullaiah Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) In the present Writ Petition, the order passed by the 2nd respondent in order No.731/2020-B dtd. 02/12/2021 whereunder the petitioner was removed from the office of sarpanch in exercise of powers under sub-sec.2 of sec.32 of Telangana Panchayat Raj Act, 2018 is called in question.

(2.) Heard learned Counsel for the petitioner and learned Government Pleader appearing for respondent Nos.1 to 5 and with their consent the Writ Petition is taken up for hearing and disposal at the admission stage.

(3.) Petitioner contends that the impugned proceeding whereunder the petitioner has been removed from holding the post of sarpanch of Thirumalgiri Gram panchayat by invoking the provisions of sec.32 of Telangana Panchayat Raj Act, 2018 has been issued under the signature of 3rd respondent for and on behalf of the 2nd respondent and such authorization by the 2nd respondent in favour of the 3rd respondent is not permitted in law and therefore, the impugned order is vitiated. It is further contended that the impugned order is even otherwise in violation of principles of natural justice and inasmuch as the copy of enquiry report stated to have been submitted by the 3rd respondent has not been furnished to the petitioner.