A writ petition challenging the legality of a notice for a no-confidence motion against an Upa-Sarpanch was dismissed. The Court found the notice issuance complied with the prescribed rules and procedure.
The Writ Petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
FRIDAY, THE TWENTYFIFTH DAYOF MARCH TWO THOUSANDAND TWENTY TWO
PRESENT
THE HONOURABLE SRIJUSTICEA.ABHISHEK REDDY
WRIT PETITION No: 82080F 2021
Between:
Smt.Burraooni Sravanthi,W/o.Bhaskar,Aged about 28 years, Occ: UPa SarPanch, Fl/o. Pedda"pur Village, SadashivpetMandal,Sangareddy District.
.,.PETITIONER
AND
1 State of Telangana,Rep. by its Principal Secretary PanchayatRaj Department, Secretariat,Hyderabad.
...RESPONDENTS
Petition under Article 226 of lheConstitutionof lndia prayingthat in the circumstances stated in theaffidavitfiled therewith,the High Court maybe pleased to issue a Writ of Mandamus,or any other appropriate writ, order or direction, declaring theaction of the 3rd respondent in issuing a Notice 12.3.2021 in Form-lV underSec.30(1) & (2) of the Telangana PanchayatRaj Act' 2018 proposing to conductno-confidencemotion meetingon 1.4.2021at 1 1 0o AM at Peddapur Gram Panchayat,Sangareddy District,as illegal, arbitraryancl withoutjurisdiction and set asidethe same.
lA NO:'t OF 2021
Petition under Section 151CPC praying that in the circumstancesstated in the affidavit filed in suppo(of the petition,the High Court may be pleasedto grant interim suspension of the Notice dated 12.3.2021in Form-lV issuedby the 3rd respondent under Sec.30(1)and (2) of the Telangana PanchayatRaj Act, 2018proposing to conductno-confidencemotion meetingon1 .4.2021 at 1 1 .00 AM at Peddapur GramPanchayat, Sangareddy District. pending disposalof the above writpetition.
J
I Ii
lA NO: 3 OF 2021
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 Vacate the Order D1.1.4.2021 passed in l.A.No. 1 ot 2021 in W.p.No. 8208 of 2021 of this Honourable Court, for proper adjudication of the case, in the interest ofjustice.
lA NO: 2 OF 2021
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 implead the proposed respondent, as party respondent no.4th in W.p.No.820B of 2O2'l , tor proper adjudication of the case, in the interest of justice.
Counsel for the Petitioner: SRl. C RAGHU
Counsel forthe Respondent No. 1: GP FOR PANCHAYAT RAJ RURAL DEV
Counsel for the Respondent Nos. 2 & 3: GP FOR REVENUE
Counsel forthe Respondent No. 4: SRl. V RAJASHEKAR REDDY
The Court made the following: ORDER.
/
THE HON'BLE SRI IUSTICE A. ABHISHEK REDDY
WRIT PETITION No.8208 of 2021
ORDER:
Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent No.l, the learnec'l Government Pleader for Revenue appearing for respondent Nos.2 and 3, and Sri V. Rajashekar Reddy, the learned counsel appearing for respondent No.4. With their consent, the Writ Petition is disposed of at the admission stage.
2
Officer has issued Form-lV on112.03.2021 scheduling the meeting of,No Confidence Motion' on07.04.2027 at 11:00 A.M.
"2. A notice of the intention to nmkr tfu ntotiort slmll be nmde in Form-L, in Form-ll and in Forn ll annexed to tlrse n es either in English or in Telugu or in l-lrdu lnnguage, signett hy not less thnn one-half of the total nunfuer of nrcnrbcrs of tlrc Grnnt panchnynt, Mandal Praja Parislnd or Zilh prnja porislnd ns thc cttsc nny be, with a copy of the proposed ntotion, anrl shall be tteliuererl in pernn by any trn members ruIrc signed such noticc, lo tltc Rtuctruc Dioisional Offcer, Sub-Collector or Assistnnl Collector, ns the cnse nmy be, hauing juisdiction in the cnse of Llptr-Snr1tnnch of n Grunr pnnchnyat; or President and Vice-President o.l'a Mtudnl praju pnrisluttl; or to tle District C-ollector in tlrc cast of Clurirnmn nntl Vicr_Clurirnmtr of Zilla Praja Paislud as the cttse nmry be ;
- The concerned officer s1n,cifed in Rule 2 (lrrtitur.fter in this rule referred to as said offcer) shol! lln,n con(ene tntl presidt, otrr a meeting for the consileratiort Ltf llu, tnotiott rtt tlu, Ltt't'ict o.[ n Grnnr Pnnchnynt, or at tlt Muulal prtja pr,rislla(! or it Zillu prnjo pnrislutd, as tlrc case mny be, ort n dnle nppoittttd bry hiur tL,hit h slmll not be hter tlmn tlirty days from the tlott, ott u,ltidr tha notit-r, utrdtr llule 2 tpns deliaered to ltitrt. Hc slutll giur: lo uvrv ,n(tt ,er ol' l)rtutt pnnclnrlnt,
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1 I I
Manfutl Prnja Parislnd or Zilla Prnjn Parislmd, as tle cnse may be, thz notice of not less thnn fftcen cleor days excluding the dnte of tle notiu and tlu dnte of tle proposed nrceting of suclt nrceting in Form-lV, or in Form-V or in Fornr-Vl nnnexed to tlrcse rules either in English or in Telugu or in Urdu language, tolticlrctter is applicable."
as to costs. The miscellaneous petitions pencling, if any, shall stand closed.
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HIGH COURT DATED: 2510312022
ORDER
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WP.No.8208 of 2021
DISMlSSING OF THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether the issuance of Form-IV notice for a no-confidence motion by the Revenue Divisional Officer was in strict accordance with the prescribed procedural rules.
4 provisions across 4 enactments
Smt.Burraooni Sravanthi
State of Telangana
District Collector, Sangareddy
Revenue Divisional Officer, Sub-Collector, Sangareddy
Pooiari Buchaiah
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
