Allowed

Ch.Sathi Babu v. State of Telangana

Telangana HC31 Dec 2021WP/37152/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition contesting the District Collector's order suspending the petitioner, an Upa-Sarpanch. The Court held that Section 37(5) of the Telangana Panchayat Raj Act, 2018 does not authorize suspension of an Upa-Sarpanch, only a Sarpanch, rendering the impugned order illegal and violative of constitutional principles.

What did the court decide?

The impugned order No.56212021-A3 suspending the petitioner from duties as Upa-Sarpanch was set aside.

Ch.Sathi Babu Vs State of Telangana — Service and Employment | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA (Speciat Original Jurisdictioln]''.,^{v^, r,1}

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FRIDAY.,T.HE THIRTY FIRST DAY OF DECEMBER

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TWo THoUSAND AND rwelrrioiE',"-,.

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PRESENT

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THE HONOURABLE SRt JUSTICE T.VINOD KUMAR

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WRIT PETITIO NN o: 371520 F2 021

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Between:

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Ch.Sathi Babu, S/o /ca(613ish, .^{Aged 40 years,} Occ. Upa_Saroanch R/o H.No.1'1-46, Agapet Viriage, Dantharapary lr/andar, Mahabubabad Distiict.

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AND

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...PETITIONER

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State of Telanqana. Reoresented by its principal Secretary, panchayat Rai and R u ra I Deve to p m e nt o e p a rtm e ni,-s d. -ri, lil i d, iji n'g s, Ft yd e ra ba o.

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The Commissioner, Telangana State panchayat Raj and Rural Development Department. Hyderabad.

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The District Collector, t,4ahabubabad District.

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The Additional Collector (Local Bodies), l\zlahabubabad District.

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The lvandar Panchayat officer, Dantha rapaily'rrlanda r, I,4ahabubabad District.

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Agapet Gram Panchaya!, Rep by its panchayat Secretary, Agapet Village, Danthalapally [r/andat, lr/ahaOubabaO Distiici:^{-' - -'}

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Emmadi Sandhya, W/o Venkateswarlu, Aged 35 years, Occ. Sarpanch, Rl/o Agapet Vil lage, Dand halapalty lr/andal, Ir4ahabubatjad Districi.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of l\rlandamus, declaring the impugned Order No.562120211A3, daled 1511212021 passed by the 3rd Respondent/District Collector, suspending the Petitioner from discharging his duties as Upa-Sarpanch of Agapet Village Gram Panchayat, Danthalapally l,4andal, It4ahabubabad District, as illegal, unjust, arbitrary, violative of principles of natural justice, equity, violative of the Provisions of the Telangana Panchayat Raj Act, 2018 and its Rules and also violative of Articles 14 and 21 of the Constitution of lndia, and consequently set aside the sa me.

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lA NO: 1 OF 2021

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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

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susoendtheimpugnedOrderNo562/2021lA3'datedlstl2l2)2lpassedbythe3rdRespondent/District^{Cottecil' t"p""iu.'qtne Petitioner from discharging his duties} as Uoa-sarpancn^{ot ngl-pet"Viil;;;6*m pancnavat'Danthalapallv Mandal'} Mahabubabad^{District, pt"J"g Oispo-saf of the aboveWrit Petition}

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Counsel^{for the Petitioner:SRI' K' GOVERDHAN REDDY}

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Counsel^{for the Respondent No'1 to 4: GP FOR PANCHAYATRAJ RURAL} DEVELOPMENT

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SRI. RAM^{GOPAL RAO (SC FOR MANDAL'} Counsel^{for the ResPondent No'5:} PANCHAYAT)

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CounselfortheRespondentNo.6:SRI.C.KALYANRAo(ScFoRGRAM. PANCHAYAT)

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Counsel for^{the Respondent No'7:NONE APPEARED}

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The Court made^{the following: ORDER}

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HONOURABLE SRI JUSTICE T,VINOD KUMAR ORDER: WRITPETITION No .37752 of 2o27

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Heard learned counsel for the petitioner, iearned Government pleader for Panchayat Rqi appearing for respondents 1to 4 and Sri C.KaJyan Rao, learned Standing Counsel appearing for 6th respondent_Gram panchayat. With their consent, this Writ petition is taken up for hearing and disposed of at the admission stage irself.

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In this Writ^petition, petitioner assails the correctness of the order passed by the f,.cr respondent on the ground that the said order has been passed without authority ald contrary to the provisions of the Telangana panchayat Raj Act, 2015 (for short 'the Act').

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Petitioner contends that he has been elected as Upa_ Sarpanch of the 6tr, respondent-Gram panchayat and has been discharging functions as such; that the 3'a respondent by the impugned order, purportedly in exercise of powers conferred under Section 37(5) of the Act, had placed the petitioner under suspension, which action of the 3'd respondent is contrary to the provisions of the Act, inasmuch as the said provision deals with conlerring of power for placing a Sarpanch under suspension and not an Upa, Sarpanch; and that the petitioner being an Upa-sarpanch, invocation of the said provision for placing the petitioner under suspension is clearly r,vithout any authority of law.

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It is^{furthercontended that this Courtconsidered a} similar^{issue in WP.No'22616of 2O2t& batch' and held that} invocationofSection3T(5)oftheActforplacinganUpaSarpanch^{undersuspension cannotbe held to be valid'The} said order^{has also been confirmed bv the Division Bench by} Common Judgment^{dt.t5.12.2}21 in WA'No 6i0of 202 1 &} batch

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The learned Government^{Pleader appearing for} respondents does not dispute the^{above 1ega1 posltlon.}

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6 . Having regard to the legal position as enunciated in WP.No.22616 of 2O2l & batch and as confirmed 1n WA.No.610 of 2021 & batch, the impugned order cannot be sustained.

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Accordingly, this Writ Petition is aliowed; the impugned order No.562l2O2l/A3, dt.15.1.2.2021 passed by the 3.a respondent against the petitioner/ Upa-sarpanch with regard to his suspension from his position from the 6!1, respondentGram Panchayat, is set aside. No order as to costs.

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B Consequently, miscellaneous petitions pending, if any, shall stand closed

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SD/.K,AMMAJI ASSISTANT ffitsrnrn //TRUE^COPY// SECTION^OFFICER

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To,

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ment^Department'

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1 rhe^{p ri ncipar s99,:qry:.p"il|?jttilfisi3:fl} ft:l?Deverop State of Telangana,^Secf

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