DARLA ANAND Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Sri Bommineni Vivekananda, learned counsel for the petitioners and Mrs A.Sunitha, learned Assistant Government Pleader for Panchayat Raj.

(2.) This writ petition is filed under Article 226 of the Constitution of India seeking writ of Mandamus declaring the action of the 3rd respondent in issuing the notice in Form 4 vide No.C/593/2022, dtd. 6/5/2022 calling for a meeting to consider the no confidence motion moved against the petitioner under Sec. 30 of the Telangana Panchayat Raj Act, 2018 without considering the complete factual circumstances as illegal, arbitrary and highhanded and further violative of Rights of the petitioner under Articles 14, 21 of the Constitution of India, 1950 and consequently quash the notice issued by the 3rd respondent calling for a meeting to discusss the no confidence motion moved against the petitioner.

(3.) The case of the petitioner in brief is that the petitioner is elected as ward member for the 5th ward of the Chintalapalli Gram Panchayat, Mogupalli Mandal, Jaya Shankar Bhupalapally District in the year 2019 and thereafter, had been successfully elected as the Upa Sarpanch of the said Grampanchayat. The 7th respondent has been elected a Sarpanch of the Grampanchayat. It is further contended that the 7th respondent indulged in lot of corrupt practices and has also misappropriated a lot of panchayat funds and that the 7th respondent and her husband are also managing the Mandal level officers. Therefore, the petitioner was constrained to address letter dtd. 22/2/2022 to the 2nd respondent duly bringing to his notice about the misappropriation of funds by the 7th respondent and also about the involvement of the 7th respondent in number of corrupt practices. In pursuance of the request of the petitioner for an enquiry into the matter, and after due enquiry conducted by the Mandal Panchayat Officer upon instructions of the 2nd respondent to the District Panchayat Officer to conduct an enquiry, a detailed report was submitted to the 2nd respondent vide letter dtd. 14/3/2022 by the Mandal Panchayat Officer in respect of the complaint made against the 7th respondent by the petitioner herein and the 2nd respondent passed orders on 23/4/2022 vide letter No.14/2021/A, whereby the 7th respondent has been temporarily suspended for a period of 6 months from the date of order. The 2nd respondent issued another order dtd. 28/4/2022 by which the petitioner herein had been asked to officiate as Surpanch temporarily due to the suspension of the 7th respondent. The petitioner further contends that the petitioner suddenly received notice in Form 4 issued by the 3rd respondent by which it was stated that certain ward members viz. respondents 8 to 13 have issued a notice in Form 1 as per Sec. 30(1) of the Telangana Panchayat Raj Act, 2018 to make a motion expressing want of confidence against the petitioner. The said notice in Form 1 duly signed by all the respondent Nos. 8 to 13 has been submitted in the office of the 3rd respondent on 30/4/2022 and the 3rd respondent has issued notice vide No.C/593/2022, dtd. 6/5/2022 stating that in order to consider the said no confidence motion under Sec. 30 of the Telangana Panchayat Raj Act, 2018 a meeting shall be conveyed on 25/5/2022 at 11.00 am at Gram Panchayat Office. The petitioner further states that the said notice was delivered to the petitioner on 9/5/2022 in the evening.