Point of Law : Upa Sarpanch – No confidence notice – Two notices - proposal of no confidence motion 2nd time against the petitioner within a period of two years from the 1st proposals and the same is not permitted under law.

ORDER :

Petitioner has been elected as a Ward Member of 13th Ward of Kallakal Gram Panchayat, Toopran Mandal, Medak District and also Upa-Sarpanch of the said Gram Panchayat in the general elections held in the month of January, 2019. The 4th respondent served a notice No.H/188/2021 dated 27.02.2021 on the petitioner stating that he received a proposal for no confidence motion under Form-I dated 19.02.2021 from the Ward Members of Kallakal Gram Panchayat and called a meeting on 17.3.2021 at 11.00 AM at the office of the Gram Panchayat for consideration of the proposed no confidence motion.

2. Aggrieved thereby the petitioner filed Writ Petition No.5804 of 2021 contending that the said notice was not in compliance with the Section 30 (1) and (2) of T.S. Panchayat Raj Act, 2018 and Rules 2 and 3 of the Rules relating to motion of no confidence against the Upa Sarpanch in G.O.Ms.No.200 PR & RD dated 28.4.1998. In the said Writ Petition initially an interim order was passed on 15.3.2021 staying the further proceedings in pursuance of the said notice and ultimately the said Writ Petition has been Allowed vide orders dated 28.4.2021 giving liberty to the respondents to proceed to take steps in accordance with law.

3. The petitioner further submits that thereafter the 4th respondent – RDO again issued the impugned notice No.H/824/2021 dated 26.5.2021 under Form IV under Section 30 (1) of T.S. Panchayat Raj Act, 2018 and called for a meeting on 15.6.2021 at 11.30 AM for considering the alleged no confidence motion and the same was served on the petitioner on 27.5.2021.

4. The Revenue Divisional Officer, Toopran Division, Medak District, the 4th respondent herein filed counter stating that on 25.5.2021 twelve members of the Gram Panchayat, Kallakal, have submitted the proposal of no confidence motion against the petitioner along with Form No.1 and he having satisfied that the said notice was in accordance with law and as per the provisions of the Rules issued in G.O.Ms.No.200 dated 28.4.2002, issued the impugned notice to the petitioner in Form IV on 26.5.2021. He further submitted that in the earlier round of litigation, this Hon’ble Court Allowed Writ Petition No.5804 of 2021 vide orders dated 28.4.2021 setting aside the initial notice of no confidence motion No.H/188/2021 dated 27.02.2021, but gave liberty to the respondents that even if they are so advised, they shall proceed to take steps in accordance with law.

5. It is further submitted that the Memorandum of No confidence motion submitted by the 12 members of the Gram Panchayat, kallakal on 25.5.2021 is based on the earlier proposals of no confidence motion which were stalled by this Court pending the above Writ Petition and hence the allegation of the petitioner that the members have submitted the proposal of no confidence motion 2nd time against the petitioner within a period of two years from the 1st proposals and the same is not permitted under law is totally false and baseless. Hence prayed to dismiss the Writ Petition.

6. While the matter stood thus, two ward members of Kallakal village by name T.Raju Yadav and Y. Nagaraju filed I.A.No.2 of 2021 seeking to implead as respondent Nos.7 and 8 in this Writ Petition. They have been impleaded accordingly. Their contention is more or less on the same lines of the counter affidavit filed by the 4th respondent.

7. Respondent Nos.7 and 8 contended that the first meeting itself was not convened for no confidence motion, when the 1st notice was served on the petitioner, at the stage of serving of Form IV notice, the petitioner approached this Court and obtained interim stay, as such the ground raised by the petitioner cannot be made applicable. The petitioner wrongly interpreted the G.O.Ms.No.200 PR and RD dated 28.4.1998 and prayed to dismiss the writ petition.

8. Mr.Pradeep Reddy, learned counsel for the petitioner, would submit that Section 30 (1) of Telangana State Panchayat Raj Act, 2018 prohibits the second no confidence motion before