Point of Law: Sarpanch, aggrieved by an order of removal to be passed by the 1st Respondent under Section and 37(5) of the Act or by an intimation under Sub Section 2 of Section 35 of the Act, within 30 days from the date of receipt of the order or as the case may be, to be intimated preferring an appeal to the Gram Panchayat Tribunal

ORDER :

1-a) W.P.No.22616 OF 2021 is filed by the Petitioners/Ward Members of the 2nd Respondent to quash the show cause notice No 153/2021/Pts.1 to 6, dated 06.09.2021 issued by the 1st Respondent with regard to suspension of the Petitioners and to issue consequential direction to the Respondents to permit the Petitioners to continue as Ward Members till January 2024.

1-b) W.P.No.22640 of 2021 is filed by the Petitioner/Sarpanch to quash the show cause notice No.153/2021/A1/Pts.1, dated 06.09.2021 issued by the 1st Respondent with regard to removal of the Petitioner from the office of Sarpanch of the 2nd Respondent Gram Panchayat and issue consequential direction to the respondents to permit the Petitioner to continue as Sarpanch for the elected tenure.

1-c) W.P.No.22668 of 2021 is filed by the Petitioner/Upa-Sarpanch seeking to quash the show cause notice No.153/2021/A1/Pts.2, dated 06.09.2021 issued by the 1st Respondent with regard to suspension of the Petitioner from the office of Upa-Sarpanch of the 2nd Respondent Gram Panchayat and issue consequential direction to the respondents to permit the petitioner to continue as Upa-Sarpanch of the 2nd respondent Gram Panchayat for the elected tenure.

2. Heard Sri Vedula Venkataramana, learned Senior Counsel representing Sri D.B.Chaitanya, learned counsel for the Petitioners, learned Government Pleader for Panchayat Raj appearing for Respondent Nos.1, 3 and 4 and Sri P.Venugopal, learned Senior Counsel, representing Sri T.Sudhakar Reddy, learned counsel appearing for the 5th Respondent and Sri G.Narender Reddy, learned Standing Counsel appearing for the 2nd Respondent and perused the record.

3. FACTS OF THE CASE

(i) The 1st Respondent had issued impugned notices dated 06.09.2021 to the Sarpanch, Upa-Sarpanch and the Ward Members, the respective petitioners herein asking them to show cause as to why action should not be initiated against them in violation of Sections 113, 114 and 37(1) and 37(5) of the Telangana Panchayat Raj Act 2018 (for short, ‘the Act’)Act. 7 days time was given to them to submit their explanations.

(ii) The charges leveled against the Sarpanch are as follows:-

“Charge No.1:-As per CCTV footage, video & audio footage, it is observed that, the Sarpanch has distributed Rs.50,000/-(Rupees Fifty Thousad Only) to each ward member in between 12.30P.M. to 12.34PM on 25.03.2021. The distribution of amount among body members in the Gram Panchayat Office shows their illegal and corrupt practices.

Charge No.2: After assuming the charge as Sarpanch, 12 Unauthorised Layouts have been established in Kistareddypet of Ameenpur, the Sarpanch has failed to stop these layouts and violated the Section 113 of the Act.

Charge No.3: After assuming charge as Sarpanch, Gram Pandhayat Kistareddypet, 62 Unauthorised buildings are being constructed; the Sarpanch has failed to stop these constructions and violated the Section 114 of the Act.

Charge No.4: Some of the Buildings are demolished in the April, 2021 as special drive, started again. Even after several times demolition drive taken up to remove illegal floors, construction of illegal floors are still going on i.e. they took permission for G+2 from Gram Panchayat and constructing G+3, G+4. This shows Gram Panchayat body failed to stop the illegal constructions as per Section 114 of the Act.

Charge No.5: A.Krishna, Sarpanch, Gram Panchayat, Kistareddypet, has not cooperated with the Panchayat Secretary and Gram Panchayat Staff to stop the illegal structure and obstructed the duties of them.”

(iii) The charges leveled against the Upa-Sarpanch are as follows:-

“Charge No.1:-As per CCTV footage, video & audio footage, it is observed that the Sarpanch has distributed Rs.50,000/-(Rupees Fifty Thousad Only) to each ward member in between 12.30P.M. to 12.34PM on 25.03.2021. The distribution of amount among body members in the Gram Panchayat Office shows their illegal and corrupt practices.

Charge No.2: Some of the Buildings are demolished in the April, 20