LAWS(TLNG)-2019-12-3

SANGAM SRINIVAS Vs. STATE OF TELANGANA

Decided On December 27, 2019
Sangam Srinivas Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The challenge in the present writ petition under Article 226 of Constitution of India is to the proceeding of the 2nd respondent-Chief Executive Officer, Zilla Praja Parishad, Komuram Bheem Asifabad, vide notice No. P1/39/2019, dated 23.11.2019, issued by invoking the provisions of Sections 27 and 151 of the Telangana Panchayat Raj Act, 2018 (for short 'the Act'), as being illegal, arbitrary, without jurisdiction and contrary to the procedure prescribed under Section 27 of the Act.

(2.) Heard Sri V. Ravi Kiran Rao, learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing for the official respondents and Sri G. Narender Reddy, learned Standing Counsel appearing for Gram Panchayat.

(3.) By the impugned proceeding dated 23. 11. 2019, which is termed as notice, issued under the signature of the second respondent, the petitioner who was elected as Member of Mandal Parishad Territorial Constituency, Takkallapalli, Rebbena Mandal, was called upon to offer his explanation along with the supporting evidence as to why action cannot be taken against him for having more than three children after 31. 05. 1995 attracting the disqualification under the provisions of Section 21 (3) of the Act.