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2025:APHC:56292

APHC010599152025 IN THE HIGH COURT OF ANDHRA

PRADESH

[3332]

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 30921/2025

Between:

1. M ANDALA RAJESHWARI, W/O Y VENKATA SESHAIAH

SARPANCH, VENKATACHALAM GRAM PANCHAYAT,

VENKATACHALAM MANDAL, SPS NELLORE DISTRICT

...PETITIONER

AND

1. T HE STATE OF AP, REPRESENTED BY ITS PRINCIPAL

SECRETARY, PANCHAYAT RAJ AND RURAL

DEVELOPMENT, AMARAVATI, ANDHRA PRADESH.

2. T HE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT,

NELLORE DISTRICT, ANDHRA PRADESH

3. T HE DISTRICT PANCHAYAT OFFICER D P O, SPSR

NELLORE DISTRICT, NELLORE DISTRICT, ANDHRA

PRADESH

4. M ANDAL PARISHAD DEVELOPMENT OFFICER,

VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT

ANDHRA PRADESH.

5. D IVISIONAL PANCHAYAT OFFICER, NELLORE

DIVISION, SPSR NELLORE DISTRICT ANDHRA

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PRADESH.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying

that in the circumstances stated in the affidavit filed therewith, the

High Court may be pleased topleased issue a writ or order more

particularly a Writ of Mandamus, declaring the action of the

respondents in suspending the petitioner from the democratically

elected post of sarpanch mechanically vide Proceedings in Rc.

No. 5299/2024-21 dt. 23-10-2025 and further suspending the

cheque drawal power of the petitioner vide ROC No. 5299/2024-

A1 dt. 24-09-2025 as illegal, arbitrary and in violation Articles 14

and 19 of the Constitution of India and the Principles of Natural

Justice and contrary to the provisions of AP Panchayat Raj

Act,1994 and G.O.Ms. No. 30 dated 20.1.1995 of the Panchayat

Raj, Rural Development and Relief Department and

consequently direct the Respondents to resume/ allow the

petitioner to discharge her duties as the sarpanch,

Venkatapalem, SPSR Nellore and to pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the

circumstances stated in the affidavit filed in support of the

petition, the High Court may be pleased pleased suspend the

order vide ROC No. 5299/2024-A1 dt. 24-09-2025 issued by the

3rd Respondent thereby allowing the Petitioner to sign the

Cheques drawn on behalf of the Venkatapalem gram Panchayat

pending disposal of the above writ petition and to pass

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the

circumstances stated in the affidavit filed in support of the

petition, the High Court may be pleased to suspend the

proceedings in Rc.No.5299/2024-21 issued by the 2nd

Respondent thereby allowing the petitioner to discharge her

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duties as the sarpanch, Venkatapalem, SPSR Nellore and to

pass

Counsel for the Petitioner:

1. GHANTA SRIDHAR

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

The Court made the following ORDER:

Assailing the impugned proceedings vide

Roc.No.5299/2024-21, dated 23.10.2025, issued by the

2^nd respondent-District Collector, suspending the petitioner from

the post of Sarpanch, without following the procedure

contemplated under law, the present writ petition has been filed.

2. Heard Sri Ghanta Rama Rao, learned Senior Counsel for

the petitioner, Sri M. Sudheer, learned Standing Counsel for the

Gram Panchayat, Ms. Naga Chandrika, learned Assistant

Government Pleader for Revenue and Sri M. Chandrasekhar,

learned Assistant Government Pleader for Revenue.

3. Learned Senior counsel for the petitioner, while reiterating

the contents of the affidavit, contended that the 2^nd respondent, in

contravention of Section 249(6) of the A.P. Panchayat Raj Act,

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1994 (for brevity “the Act”), suspended the petitioner from the

post of Sarpanch for a period of three months vide

impugned proceedings dated 23.10.2025 stating that continuing

the petitioner as Sarpanch who misuses the powers be

detrimental to the Gram Panchayat. He further submitted that the

petitioner’s cheque drawing power was also suspended vide

R.O.C.No.5299 of 2024-A1, dat