ORDER :

This writ petition is filed seeking the following relief.

(cid:147)....to issue a Writ order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No. 2 in issuing impugned Order in Lr No. A1/300/2022-Pts dated 13.05.2022 removing the Petitioner from the post of Upa-Sarpanch, Gram Panchayat Pothireddypet, Huzurabad Mandal, Karimnagar District without issuing Notification U/s 30 (2) of Telangana Panchayat Raj Act is illegal arbitrary and violative of Articles 14, 15 and 21 of the Constitution of India and also violative of principles of natural justice and consequently to set aside the same...(cid:148)

2. The case of the petitioner is that he was elected as Ward member in the local body general elections of Gram Panchayat in the year 2019 and thereafter he was elected as Upa-Sarpanch of Pothireddypet village in the year 2019. Since then, he has been discharging his duties as Upa-Sarpanch to the satisfaction of one and all. As the petitioner has supported the local MLA in the bye-elections, the representatives of ruling party had developed grudge against him and hatched a plan to remove him by moving a No-Confidence Motion against him. Keeping the said fact in mind, No-Confidence Motion meeting was conducted on 18.04.2022 by respondent No.3. In purusance of No-Confidence Motion, the impugned letter was issued removing the petitioner from the post of Upa-Sarpanch without following the provisions of Section 30(2) of Telangana Panchayat Raj Act, duly publishing the same in the Gazette notification. It is stated that the respondents have not followed the provisions of Section 30(2) of Telangana Panchayat Raj, for removal of petitioner from the said post without publishing the same in the Gazette notification, which is illegal and arbitrary. Therefore, the impugned order is not sustainable in law and hence the petitioner had approached this Court to set aside the same.

3. Learned Government Pleader for Panchayat Raj, on instructions, submits that by following due procedure as contemplated under section 30 (2) of Telangana Panchayat Raj Act, and after conducting No-Confidence Motion meeting on 18.04.2022, wherein the majority members have opposed the candidature of the petitioner and as the petitioner has failed to satisfy the requirement of the No-Confidence Motion and also failed to prove the majority in the No-Confidence Motion, such removal order has been passed vide letter No.A1/300/2022- Pts., dated 13.05.2022. He submits that the said removal order was also served on the petitioner. Thereafter, the District Collector, by exercising powers under Panchayat Raj Act, has directed publication of the said removal order in Gazette No.14 of 2022, dated 12.10.2022 and the resultant vacancy has also been notified to the Telangana State Election Commission, Hyderabad, for filling up the post of Upa-Sarpanch of Gram Panchayat. Accordingly, the Telangana State Election Commission has issued notification No.21/TSEC-PR/2022-10., dated 04.11.2022 to conduct election to the casual vacancy in the office of Upa-Sarpanch of Gram Panchayat, Pothireddypet of Huzurabad Mandal and as per the said notification, election has been conducted on 18.11.2022 in Gram Panchayat Pothireddpet and Sri. Chintha Shravan was unanimously elected as Upa-Sarpanch of Gram Panchayat Pothireddypet.

4. Since the procedure as contemplated under Section

30(2) of Telangana Panchayat Raj has been followed by the respondents, the impugned order cannot be said to be illegal. The submission of the learned counsel for the petitioner is that the procedure as contemplated under Section 30(2) of Telangana Panchayat Raj Act has not been followed as the Gazette notification is not published within 30 days as mandated under the said provision. These technicalities do not come in the way of majority opinion held in the No-Confidence motion for removal of the petitioner from the pose of Upa-Sarpanch.

With the above observations, the Wr