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2005 Supreme(AP) 724

Andhra Pradesh High Court
Judges : B.S.REDDY
Rekapalli Krishna Vasu - Appellant
Versus
State OF A.P. - Respondent
Decided On : 08-09-05

Headnote:

Constitution of India – Article 14, 226, 311 (2) – A. P. Panchayat Raj Act, 1994 – Section 249 (1) – Discriminatory – Arbitration – 6th respondent was elected as Sarpanch of pamarru Gram Panchayat and she assumed charge as such – Tax payers and Town Development Society submitted a complaint dated to various authorities including District collector, Machilipatnam, krishna District-3rd respondent complaining misuse of Gram Panchayat funds and incurring expenditure contrary to rules by 6th respondent – Said writ petition came to be disposed of with a direction to government to dispose of revision within two weeks from date of receipt of a copy of order – In pursuance of direction given by High Court in above writ petition, Government disposed of revision confirming order issued in Appeal, dated and vacated stay order vide G. O. Ms. Dated – Hence, this present writ petition – Held, Undoubtedly formation of such opinion by District Collector must be based on application of mind to material on record and same shall be apparent from order itself – In case on hand, 2nd respondent failed to assign any reasons in support of his conclusion that petitioner has misused her powers vested under Act, but merely relied on report of Divisional Panchayat officer, dated stating that all charges are held proved – In absence of recording any reasons, it cannot be held that 2nd respondent has applied his mind to charges levelled against petitioner or his explanation – Writ Petition is Dismissed

( 1 ) THIS writ petition is filed by rekapalli Krishna Vasu with a prayer to issue writ of certiorari or order or direction in the nature of a writ calling for the records resulting in the impugned order dated 4-7- 2005 in G. O. Ms. No. 1229 of Panchayat raj and Rural Employment, PTS-II, department and set aside the same as arbitrary, discriminatory and violative of article 14 of the Constitution of India and principles of natural justice.

( 2 ) SMT. B. Kamala Kumari, the 6th respondent was elected as Sarpanch of pamarru Gram Panchayat and she assumed charge as such on 23-8-2001. The Tax payers and Town Development Society submitted a complaint dated 25-7-2003 to various authorities including the District collector, (Panchayat Division) Machilipatnam, krishna District-3rd respondent complaining misuse of Gram Panchayat funds and incurring expenditure contrary to the rules by the 6th respondent. A writ petition being W. P. No. 23070 of 2003 came to be filed by the Tax Payers and Town development Society seeking a direction to the District Collector-3rd respondent to take action on the complaint presented by it against the 6th respondent as per the provisions of A. P. Panchayat Raj Act, 1994 (for short the Act for brevity ). An interim order dated 3-11-2003 came to be passed in the said writ petition restraining the state Bank of India from permitting the 6th respondent to operate bank account without the counter signature of the District panchayat Officer. The District Collector- 3rd respondent instructed the Divisional panchayat Officer, Gudivada 4th respondent to conduct an enquiry into the several allegations made against the 6th respondent and submit a report. Accordingly, the divisional Panchayat Officer submitted report and thereupon, the District Collector exercising powers under Section 249 (1) of the Act issued show-cause notice to the 6th respondent as to why she cannot be removed from the post of Sarpanch of gram Panchayat. The 6th respondent submitted explanation and the District collector requested the Divisional Panchayat officer to verify the explanation and offer his remarks. The Divisional Panchayat officer submitted his remarks on 17-11-2004. After considering the explanation of 6th respondent and the remarks submitted by the Divisional Panchayat Officer, gudivada, the District Collector proceeded to pass orders exercising powers conferred under Section 249 (1) of the Act and removed the 6th respondent from the post of Sarpanch of Pammaru Gram Panchayat and directed the 6th respondent to handover official responsibility and records to the temporary Sarpanch petitioner herein. The 6th respondent filed an appeal being appeal No. 14089/cpr/d1/2004, before the commissioner Panchayat Raj and Rural development, Hyderabad. The appellate authority set aside the order of the District collector on the ground of non-furnishing copy of the Enquiry Report of the Divisional panchayat Raj Officer, Gudivada, to the 6th respondent and remitted back the matter to the District Collector for supplying the enquiry Report and take further action in accordance with the provisions of the Act. The writ petitioner questioned the order passed by the appellate authority by Tiling revision before the Government. The government issued interim stay under Memo no. 2904/pts. n/a1/2005-1, dated 2-3-2005 of the operation of the order passed by the appellate authority. The petitioner filed W. P. No. 8235 of 2005 assailing the Memo no. 2904/pts. n/a1/2005-1, dated 2-3-2005 whereunder the Government granted stay of the order passed by the appellate authority pending revision. The said writ petition came to be disposed of with a direction to the government to dispose of the revision within two weeks from the date of receipt of a copy of the order. In pursuance of the direction given by the High Court in the above writ petition, the Government disposed of the revision confirming the order issued in Appeal No. 14089/cpr/d1/2004, dated 11-2-2005 and













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