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SUREPALLI NANDA
Darla Anand – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard Sri Bommineni Vivekananda, learned counsel for the petitioners and Mrs. A. Sunitha, learned Assistant Government Pleader for Panchayat Raj.
2. This writ petition is filed under Article 226 of the Constitution of India seeking writ of Mandamus declaring the action of the 3rd respondent in issuing the notice in Form 4 vide No. C/593/2022, dated 06.05.2022 calling for a meeting to consider the no confidence motion moved against the petitioner under Section 30 of the Telangana Panchayat Raj Act, 2018 without considering the complete factual circumstances as illegal, arbitrary and highhanded and further violative of Rights of the petitioner under Articles 14, 21 of the Constitution of India, 1950 and consequently quash the notice issued by the 3rd respondent calling for a meeting to discusss the no confidence motion moved against the petitioner.
3. The case of the petitioner in brief is that the petitioner is elected as ward member for the 5th ward of the Chintalapalli Gram Panchayat, Mogupalli Mandal, Jaya Shankar Bhupalapally District in the year 2019 and thereafter, had been successfully elected as the Upa Sarpanch of the said Grampanchayat. The 7th respondent has been
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....
The main legal point established in the judgment is the applicability of old rules in the absence of new rules under the Telangana Panchayat Raj Act, 2018, and the authority of Revenue Divisional Off....
The main legal point established is that until new rules are framed, the old rules consistent with the new Act can be followed as per the repeal and saving clauses.
The court affirmed that compliance with statutory notice provisions in a no confidence motion was sufficient, and challenges based on alleged deficiencies or political motives were unsubstantiated.
Compliance with procedural laws in no-confidence motions under the Odisha Grama Panchayats Act is essential, though timing of notice receipt versus issuance holds significance in evaluating valid par....
Procedural compliance in no confidence motion notices is sufficient; prior satisfaction of the authority is not necessary, affirming adherence to statutory requirements.
The failure to furnish a copy of the requisition for a no-confidence motion does not invalidate the motion if it is adopted by the requisite majority, as the requirement is directory, not mandatory.
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