BURLA VISHNU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) An interesting point, which arises for consideration in this writ petition, is whether the petitioner, who is the sole Ward Member of Sivunipally Gram Panchayat, Station Ghanpur Mandal, Jangaon District, can be appointed as temporary Sarpanch in terms of Sec. 38(3) of the Telangana Panchayat Raj Act, 2018 (for short 'the Act').

(2.) Sivunipally Gram Panchayat comprises of 14 wards. Election notification was issued on 12/1/2019 for conducting elections of Sivunipally Gram Panchayat along with other Gram Panchayats in the State of Telangana. However, elections were not held to the post of Sarpanch and 14 ward members as no nominations were filed. None of the villagers, except the petitioner, was interested in contesting to the post of Sarpanch and 14 ward members, as they were agitating against the Government authorities for not undertaking development activities in the village. Second election notification was issued on 12/2/2019 for conducting elections to the Sivunipally Gram Panchayat. The petitioner filed nomination on 16/2/2019 to the post of Ward Member for Ward No.8 and he was declared as elected by a majority of 43 votes over his rival candidate, Smt. Gandla Jyothi, on 28/2/2019.

(3.) It is stated that the petitioner was issued Form No.XXIX by the Returning Officer as "duly elected Ward Member of the Gram Panchayath" and since then, the petitioner continued as ward member. The post of Sarpanch and other ward members remained vacant and no steps were taken by the respondent authorities to conduct elections to the said vacant posts. The respondent No.2 appointed respondent No.5-Divisional Panchayat Officer as Special Officer of the Gram Panchayat on 10/6/2020 by relieving previous in charge Special Officer i.e. Assistant Director of Agriculture.