2026:APHC:20033 APHC010128662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6992/2026 Between:

1. V SRI DEVI, W/O. SANKARA RAO, AGED ABOUT 55 YEARS, OCC.

SARPANCH RAMAVARAPPADU RESIDENT OF RAMAVARAPPADU, VIJAYAWADA, NTR DISTRICT, A.P.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DIST.,522237

2. T HE DISTRICT COLLECTOR OF NTR DISTRICT, COLLECTORATE OFFICE, VIJAYAWADA, NTR DISTRICT, A.P.520001

3. T HE DISTRICT PANCHAYAT OFFICER, GOLLAPUDI, NTR DISTRICT, A.P.520001

4. T HE DIVISIONAL PANCHAYAT OFFICER, VIJAYAWADA, NTR DISTRICT, A.P.520001 ...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 to pass orders, to issue writ order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in issuing the impugned order dated 02-03- 2026, vide proceedings in RoC. No. 2/2026, suspending the Petitioner from the post of Sarpanch, Gram Panchayat Ramavarappadu as pre matured, illegal, arbitrary, misuse and abuse of power, besides violative of Section 249 (1) and (5) of the A.P. Panchayat Raj Act, Article14, 21 of the Constitution of India, thereby, set aside/revoke the impugned order dated 02-03-2026, vide proceedings in RoC. No. 2/2026 passed by the 2nd Respondent, in the interest of justice and also to pass IA NO: 1 OF 2026 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 to pass interim orders to suspend the operation of impugned order dated 02-03-2026, vide proceedings in RoC. No. 2/2026, passed by the 2nd Respondent, in the interest of justice, and also to pass Counsel for the Petitioner:

1. ANIL KUMAR DASARI Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE The Court made the following:

:: ORDER ::

Heard Sri Aneel Kumar Dasari, learned counsel for the petitioner; Sri Rama Rao, learned Government Pleader for Panchayat Raj, for respondents

1 to 4.

2. Assailing the proceedings issued by respondent No.2 vide ROC No.2 of 2026 dated 02.03.2026, suspending the petitioner from the post of Sarpanch, Gram Panchayat Ramavarappadu, for a period of six months, or until the end of the term of the Sarpach i.e. till 02.04.2026, the above writ petition was filed. 3. Based upon a complaint made by one J. Satish, regarding misappropriation of funds by the petitioner, the elected Sarpanch of Ramavarappadu Village, Vijayawada, N.T.R. District, the Divisional Panchayat Officer, submitted a report vide ROC No.09/2025, dated 23.12.2025. Thereafter, the Divisional Panchayat Officer addressed a letter to the petitioner vide ROC No. 02/2026 dated 03.02.2026 (Ex.P3), calling for an explanation. Subsequently, the Divisional Panchayat Officer, vide ROC No. 09/2025A dated 21.02.2026-Ex.P4, directed the petitioner to attend an inquiry before the Divisional Panchayat Officer, Vijayawada, along with the records, on 28.02.2026. In response, the petitioner made a representation dated 26.02.2026-Ex.P5, requesting the authority to furnish the documents and other relevant records. However, without considering the petitioner’s request, the Divisional Panchayat Officer issued proceedings vide ROC No.09/2025A dated 28.02.2026-Ex.P6 and issued the order impugned Ex.P7.

4. Learned counsel for the petitioner would submit that neither the inquiry report nor the relevant documents were furnished to the petitioner vis-à-vis the allegations and misappropriation of funds. He would further submit that respondent No.2 failed to record the findings independently, regarding said misappropriation.

5. Per con