Telangana High Court
WP/37152/2021 of Ch.Sathi Babu Vs State of Telangana on 31 December 2021
THE STATE OF TELANGANA(Speciat Original Jurisdictioln]''., v^, r,1 FRIDAY.,T.HE THIRTY FIRST DAY OF DECEMBERTWo THoUSAND AND rwelrrioiE',"-,. PRESENT THE HONOURABLE SRt JUSTICE T.VINOD KUMAR WRIT PETITIO NNo: 371520F2021 Between: AND Ch.Sathi Babu, S/o \/ca(613ish, . Aged 40 years, Occ.
HIGH COURT FOR THE STATE OF TELANGANA(Speciat Original Jurisdictioln]''., [v^, ][r,1]
FRIDAY.,T.HE THIRTY FIRST DAY OF DECEMBERTWo THoUSAND AND rwelrrioiE',"-,.TWo THoUSAND AND rwelrrioiE',"-,.
PRESENT
THE HONOURABLE SRt JUSTICE T.VINOD KUMAR
WRIT PETITIONNo: 371520F2021
Between:
Ch.Sathi Babu, S/o \/ca(613ish, R/o H.No.1'1-46, Agapet Viriage, Dantharapary . [Aged ][40 ]lr/andar, [years, ]Mahabubabad Distiict.Occ. Upa_Saroanch
...PETITIONER
AND
1. State of Telanqana. Reoresented R u ra I Deve to p m e nt o e p a rtm e ni,-s by d. -ri, its principal Secretary, panchayat lil i d, iji n'g s, Ft yd e ra ba o.Rai andR u ra I Deve to p m e nt o e p a rtm e ni,-s by d. -ri, its principal Secretary, panchayat lil i d, iji n'g s, Ft yd e ra ba o.Rai and
2. The Commissioner, Telangana State panchayat Raj and Rural DevelopmentDepartment. Hyderabad.The Commissioner, Telangana State panchayat Raj and Rural DevelopmentDepartment. Hyderabad.
3. The District Collector, t\,4ahabubabad District.
4. The Additional Collector (Local Bodies), l\zlahabubabad District.The Additional Collector (Local Bodies), l\zlahabubabad District.
5. The lvandar Panchayat officer, Dantha rapaily'rrlanda r, I\,4ahabubabad District.6. Agapet Gram Panchaya!, Rep by its panchayat Secretary, Agapet Village,Danthalapally [r/andat, lr/ahaOubabaO Distiici: [-' ][- ][-']6. Agapet Gram Panchaya!, Rep by its panchayat Secretary, Agapet Village,Danthalapally [r/andat, lr/ahaOubabaO Distiici: [-' ][- ][-']
7. Emmadi Sandhya, W/o Venkateswarlu, Aged 35 years, Occ. Sarpanch,Rl/o Agapet Vil lage, Dand halapalty lr/andal, Ir4ahabubatjad Districi.Rl/o Agapet Vil lage, Dand halapalty lr/andal, Ir4ahabubatjad Districi.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue an appropriate Writ, Order or direction, more particularly one in the natureof Writ of l\rlandamus, declaring the impugned Order No.562120211A3, daled1511212021 passed by the 3rd Respondent/District Collector, suspending thePetitioner from discharging his duties as Upa-Sarpanch of Agapet Village GramPanchayat, Danthalapally l\,4andal, It4ahabubabad District, as illegal, unjust,arbitrary, violative of principles of natural justice, equity, violative of the Provisionsof the Telangana Panchayat Raj Act, 2018 and its Rules and also violative ofArticles 14 and 21 of the Constitution of lndia, and consequently set aside thesa me.
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to susoendtheimpugnedOrderNo562/2021lA3'datedlstl2l2)2lpassedbythe3rdRespondent/District [Cottecil' ][t"p""iu.'q ][tne ][Petitioner from discharging ][his ][duties]as Uoa-sarpancn [ot ][ngl-pet"Viil;;; ][6*m ][pancnavat' ][Danthalapallv ][Mandal']Mahabubabad [District, ][pt"J"g ][Oispo-saf ][of ][the ][above ][Writ ][Petition]
Counsel [for the Petitioner: ][SRI' ][K' ][GOVERDHAN REDDY]
Counsel [for the Respondent ][No'1 ][to ][4: ][GP FOR PANCHAYAT ][RAJ ][RURAL]DEVELOPMENT
SRI. RAM [GOPAL RAO (SC FOR ][MANDAL']
Counsel [for the ][ResPondent No'5:]PANCHAYAT)
CounselfortheRespondentNo.6:SRI.C.KALYANRAo(ScFoRGRAM.
PANCHAYAT)
Counsel for [the Respondent ][No'7:NONE APPEARED]
The Court made [the ][following: ][ORDER]
HONOURABLE SRI JUSTICE T,VINOD KUMARWRITPETITION No.37752 of 2o27
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ORDER:
Heard learnedcounsel for the petitioner, iearnedGovernment pleaderfor Panchayat Rqi appearing forrespondents 1to 4 and Sri C.KaJyan Rao, learned StandingCounsel appearing for 6th respondent_Gram panchayat. Withtheir consent, this Writ petition is taken up for hearing anddisposed of at the admission stage irself.
2. In this Writ [petition, ]petitioner assails the correctness ofthe order passed by the f,.cr respondent on the ground that thesaid order has been passed without authority ald contrary tothe provisions of the Telangana panchayat Raj Act, 2015 (forshort 'the Act').
3. Petitioner contends that he has been elected as Upa_Sarpanch of the 6tr, respondent-Gram panchayat and hasbeen discharging functions as such; that the 3'a respondentby the impugned order, purportedly in exercise of powersconferred under Section 37(5) of the Act, had placed thepetitioner under suspension, which action of the 3'drespondent is contrary to the provisions of the Act, inasmuchas the said provision deals with conlerring of power forplacing a Sarpanch under suspension and not an Upa,Sarpanch; and that the petitioner being an Upa-sarpanch,invocation of the said provision for placing the petitionerunder suspension is clearly r,vithout any authority of law.
To,
4. It is [further ][contended ][that this ][Court ][considered ][a]similar [issue ][in ][WP.No'22616 ][of ][2O2t ][& batch' ][and held ][that]invocationofSection3T(5)oftheActforplacinganUpa-Sarpanch [under ][suspension cannot ][be ][held ][to ][be ][valid' ][The]said order [has ][also been ][confirmed ][bv the Division ][Bench ][by]Common Judgment [dt.t5.12.2}21 ][in ][WA'No ][6i0 ][of ][202 ][1 ][&]batch
5. The learned Government [Pleader appearing ][for]respondents does not dispute the [above ][1ega1 ][posltlon.]
6 . Having regard to the legal position as enunciated inWP.No.22616 of 2O2l & batch and as confirmed1nWA.No.610 of 2021 & batch, the impugned order cannot besustained.
7. Accordingly, this Writ Petition is aliowed; the impugnedorder No.562l2O2l/A3, dt.15.1.2.2021 passed by the 3.arespondent against the petitioner/ Upa-sarpanch with regardto his suspension from his position from the 6!1, respondent-Gram Panchayat, is set aside. No order as to costs.
BConsequently, miscellaneous petitions pending, if any,shall stand closedshall stand closed SD/.K,AMMAJIASSISTANT ffitsrnrnSECTION [OFFICER]
//TRUE [COPY//]
ment [Departme ][nt']
1 rhe [p ][ri ][ncipar ][s99,:qry:.p"il|?jttilfisi3:fl ]ft:l?Deverop State of Telangana, [Secf]ft:l?Deverop State of Telangana, [Secf]
2. The Commissioner, [Telangana State Panchayat Rai ][and ][Rural Development]DePartment. [HYderabad']DePartment. [HYderabad']
3. The [District Collector, ][lvlahabubabad ][District']
4. The Additional [Collector (Local Bodies)' ][lr'4ahabubabad ][District']
5. The [Mandal Panchayat Officer, Danthalapally lr/andal' tr/ahabubabad ][District]
6. " The Panchayat [Secretary ][Agapet ][Gram ][P€nchayat' ' Agapet Village']Drntnrtuprliy Mandal, Mahabubabad lJtstrtct'Drntnrtuprliy Mandal, Mahabubabad lJtstrtct'
7. One CC to [SRI ][K ][GOVERDHAN ][REDDY ][Advocate ][IOPUCI]
B. Two [CCs ][to ][GP ][FOR PANCHAYAT RAJ RURAL DEVELOPMENT 'High ][Court]- toi in" [-Sirt" ]of Telangana [OUT]- toi in" [-Sirt" ]of Telangana [OUT]
e. one CCs [to ][SRI.RAN GOPAL ][RAO ][(SC ][FOR ][TUANDAL-PANCHAYAT)]loPUClloPUCl
10. one CCs [to ][SRI'C.KALYAN ][RAO ][(SC ][FOR ][GRAM-PANCHAYAT)]loPUClloPUCl
11. Two CD [coPies.]
12. One spare [coPY.]
GBV
HIGH COURT
DATED:31 11212021
ORDER
WP.No.37152 of 2021
ALLOWING THE WP
WITHOUT COSTS.
l [trt ][S ][i-A]I .)2 7 [JAN ][2022]