A Sarpanch has no locus standi to maintain a writ petition challenging an order of dissolution of a Gram Panchayat if the order is not void but voidable and the Gram Panchayat has not chosen to complain about the dissolution.

ORDER

1. This is an application for the issue of a writ of certiorari to quash the order of the District Collector, Nalgonda dated 7-12-1966 dissolving the Gram Panchayat.

2. The material facts are that one Sri. A. Satyanarayana Reddy was the Sarpanch of Jagireddy Gudem Gram Panchayat from 1953 to 1960. S. No. 455 is a poramboke land situated in the jurisdiction of the Gram Panchayatin 1962, there was some dispute as to whether this is a Government poramboke land or belonged to a Devasthanam. The Revenue Divisional Officer held in 1962 that it is a Government poramboke land and submitted at report to the District Collector. There were at that time some temporary and partly permanent structures on a portion of the said land and were occupied by some hotelliers. The Gram Panchayat made some constructions on this land. The succeeding Gram Panchayat also made some additional constructions on the said land. One Indrasena Reddy was appointed as village representative and was entrusted with the construction work, After the term of Sri A. Satyanarayana Reddy concluded in 1961 as Sarpanch, one Sri Venkata Reddy was elected as the Sarpanch. He continued in his office till 1966 when the petitioner was elected as the Sarpanch. The Gram Panchayat was elected in 1964 and the petitioner was the member of that Gram Panchayat. While so, the Collector, Nalgonda issued a show cause notice to the Gram Panchayat asking it to explain as to why it should not be dissolved for the charges made therein. These charges were considered by the Gram Panchayat in its meeting held on 19-4-1966 and an explanation was submitted to the District Collector. Considering the explanation and the facts and circumstances of the case, the Collector by the impugned order dissolved the Gram Panchayat. He held that the Sarpanch and the Gram Panchayat have not been evincing any interest in the administration of the Gram Panchayat and have been causing monetary loss to the Gram Panchayat. The Collector also found all the charges substantially proved. He therefore directed the dissolution, and it is this order that is now impugned in this writ petition filed by the Sarpanch of the dissolved body.

3. The writ petition can be dismissed on a short ground that the petitioner is not entitled to maintain this writ petition. This question naturally turns upon the question as to whether the order of dissolution is void or voidable. That it is not a void order is conceded. Before the dissolution in this case a proper notice was given to the Gram Panchayat. The Gram panchayat submitted its explanation and the Collector considered it. No procedural irregularity or any infirmity has been pointed out. It is also not in dispute that the Collector has the necessary power to dissolve the Gram Panchayat.

4. Once it is conceded that the order of dissolution is not a void order, then what has to be seen is whether any action including the filing of writ petition can be taken by any single member of the dissolved Gram Panchayat or even by the Sarpanch.

5. The petitioner undoubtedly was the Sarapanch at the time of the dissolution of the Gram Panchayat. But that by itself does not give him any right to file the writ petition or complain about the dissolution independently of the Gram Panchayat. In order to complain effectively, he must show that he is representing the Gram Panchayat of filing the writ petition on its behalf or at least show that by reason of certain circumstances such, for example as that the Gram Panchayat could not now use its seal because it has already been dissolved and taken over by the Collector or for any other valid reason it was found impracticable for all the members of the dissolved Gram panchayat to meet to pass the necessary resolution or the council cannot be the petitioner. Had that been shown, then according to the well recognised procedure, the petitioner can file the writ petition on behalf of himself and the other members of the Gram Panchayat making the Gram Panch