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2021 (10) TMI 1410
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....nd Respondent Gram Panchayat and issue consequential direction to the respondents to permit the Petitioner to continue as Sarpanch for the elected tenure. 1(c). W.P. No. 22668 of 2021 is filed by the Petitioner/Upa-Sarpanch seeking to quash the show cause notice No. 153/2021/A1/Pts. 2, dated 06.09.2021 issued by the 1st Respondent with regard to suspension of the Petitioner from the office of Upa-Sarpanch of the 2nd Respondent Gram Panchayat and issue consequential direction to the respondents to permit the petitioner to continue as Upa-Sarpanch of the 2nd respondent Gram Panchayat for the elected tenure. 2. Heard Sri. Vedula Venkataramana, learned Senior Counsel representing Sri. D.B. Chaitanya, learned counsel for the Petitioners, learned Government Pleader for Panchayat Raj appearing for Respondent Nos. 1, 3 and 4 and Sri. P. Venugopal, learned Senior Counsel, representing Sri. T. Sudhakar Reddy, learned counsel appearing for the 5th Respondent and Sri. G. Narender Reddy, learned Standing Counsel appearing for the 2nd Respondent and perused the record. 3. FACTS of THE CASE i) The 1st Respondent had issued impugned notices dated 06.09.2021 to the Sarpanch, Upa-Sarpanch and t....
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....l floors are still going on i.e. they took permission for G+2 from Gram Panchayat and constructing G+3, G+4. This shows Gram Panchayat body failed to stop the illegal constructions as per Section 114 of the Act. Charge No. 3: After assuming charge of Upa-Sarpanch, 12 Unauthorised Layouts have been established in the Gram Panchayat, Kistareddypet of Ameenpur. The Upa Sarpanch has failed to stop these layouts and violated the Section 113 of the Act. Charge No. 4: After assuming the charge of the Upa-Sarpanch, Gram Panchayat Kistareddypet, 62 unauthorized buildings are being constructed; the Upa-Sarpanch has failed to stop these constructions and violated the Section 114 of the Act. Charge No. 5: Sri. Md. Fayeem, Upa Sarpanch, Gram Panchayat, Kistareddypet, has not cooperated with the Panchayat Secretary and Gram Panchayat Staff to stop the illegal structure and obstructed the duties of them." iv) The Charges leveled against the Ward Members are as follows:- "Charge No. 1:-As per CCTV footage, video & audio footage, it is observed that the Sarpanch has distributed Rs. 50,000/- (Rupees Fifty Thousad Only) to each ward member in between 12.30 P.M. to 12.34 PM on 25.03.2021. Th....
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....s. Commissioner, Panchayat Raj A.P., Hyd. AIR 2000 AP 91. ix) With the said submissions, learned Senior Counsel sought to set aside the impugned notices issued to the Petitioners in all the Writ Petitions. 5. CONTENTIONS of RESPONDENT NOs. 1, 3 and 4 i) As per Section 2(39) and Section 15 of the Act, the Sarpanch includes Upa-Sarpanch. Therefore, the 1st Respondent is having power to issue show cause notice in respect of Upa-Sarpanch and also Ward Members. Section 2(39) defines Sarpanch as a person elected as a Sarpanch under Section 15. Section 15(1) to 15(8) discusses the procedure of elections and the qualifications for contesting. Section 15(9) and Section 15(10) provide for the election of Upa-Sarpanch. Nowhere in the provision it is stated that Sarpanch includes Upa-Sarpach. ii) The Petitioners herein, instead of submitting explanations to the show cause notices, filed the present Writ Petitions. There is procedure laid down under the Act, to challenge the order to be passed by the 1st Respondent pursuant to the show cause notices. Instead of availing the said alternative remedy, the Petitioners have filed the present Writ Petitions. iii) The 1st Respondent, basing o....
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....5. 9. Section 15(1) to (8) of the Act deals with the procedure for election of Sarpanch and Section 15(9) and (10) of the Act for Upa-Sarpanch. 15. (1) There shall be a Sarpanch for every Gram Panchayat, who shall be elected in the prescribed manner by the persons whose names appear in the electoral roll for the Gram Panchayat, from among themselves. A person shall not be qualified to stand for election as Sarpanch, unless he is at least twenty-one years of age: Provided that a Member of the Legislative Assembly of the State or a Member of the Legislative Council of the State or of either House of Parliament who is elected to the office of Sarpanch or Upa-Sarpanch shall cease to hold such office unless within one month from the date of election to such office he ceases to be a Member of the Legislative Assembly of the State or a Member of the Legislative Council of the State or of either House of Parliament by resignation or otherwise. (2) The election of the Sarpanch may be held at the same time and in the same place as the ordinary elections of the members of the Gram Panchayat. 3) .......... 4) .......... 5) .......... 6) .......... 7) .......... 8) ...........
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....ce bearer or member shall also be taken into consideration for computing the total number of members and he shall also be entitled to vote in a meeting held under this section. (2) If the motion is carried with the support of at least one half of the total number of members, the District Collector shall by notification remove him from office and the resulting vacancy shall be filled in the same manner as a casual vacancy. Explanation:-For the purpose of this section, in the determination of one half of the total number of members, any fraction below 0.5 shall be ignored and any fraction of 0.5 or above shall be taken as one. 12. It is relevant to note that Section 32 of the Act, deals with the duties and responsibilities of the Sarpanch which reads as follows:- 32. (1) The Sarpanch shall,- (a) exercise all the powers and perform all the functions specifically conferred or imposed on the Sarpanch by this Act or the rules made thereunder; (b) exercise administrative control over the Panchayat Secretary and supervise his work for the purpose of implementation of the resolutions of the Gram Panchayat or any committee thereof; (c) incur contingent expenditure up to such lim....
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....cise the powers and perform the functions attached to his office and shall not be entitled to attend the meetings of the concerned Gram Panchayat except a meeting held for the consideration of a no-confidence motion." 15. A perusal of the impugned show cause notices issued to the petitioners herein would reveal that on the complaints lodged by the 5th Respondent and the villagers of the 2nd Respondent-Gram Panchayat, the 1st Respondent had called for report from 3rd Respondent who in turn submitted his report. Basing on the said complaints and report of the 3rd Respondent, the 1st Respondent formed an opinion and issued impugned show cause notices to the Petitioners herein. 16. As stated above, there is no provision under the Act to issue show cause notices to the Upa Sarpanch and Ward Members of Gram Panchayat. Section 37 of the Act deals with the removal of the only Sarpanch but not with regard to removal of Upa Sarpanch and Ward Members. As stated above, the election of Upa Sarpanch is indirect election and there is procedure for removal. Though, prima facie, there are serious allegations against the Upa Sarpanch and Ward Members, there is no procedure prescribed under the Act....
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....1 held as follows:- 8. The language of sub-rule (4) of Rule 10 is absolutely clear and does not permit any artificial rule of interpretation to be applied. It is well established that if the words of a statute are clear and free from any vagueness and are, therefore, reasonably susceptible to only one meaning, it must be construed by giving effect to that meaning, irrespective of consequences. The language of the sub-rule here is precise and unambiguous and, therefore, has to be understood in the natural and ordinary sense. As was observed in innumerable cases in India and in England, the expression used in the statute alone declares the intent of the legislature. In the words used by this Court in State of U.P. v. Dr Vijay Anand Maharaj [(1963) 1 SCR 1: AIR 1963 SC 946: 45 ITR 414] when the language is plain and unambiguous and admits of only one meaning, no question of construction of a statute arises, for the act speaks for itself. Reference was also made in the reported judgment to Maxwell stating: "The construction must not, of course, be strained to include cases plainly omitted from the natural meaning of the words." Therefore, as the language of Section 37(5) is clear,....
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.... on subjective satisfaction and the same has to be preceded by application of mind as regards consideration of relevant factors and rejection of irrelevant ones. 23. In Barium Chemicals (Supra) the Supreme Court observed the following- 28. ....... An action, not based on circumstances suggesting an inference of the enumerated kind will not be valid. In other words, the enumeration of the inferences which may be drawn from the circumstances, postulates the absence of a general discretion to go on a fishing expedition to find evidence. No doubt the formation of opinion is subjective but the existence of circumstances relevant to the inference as the sine qua non for action must be demonstrable. If the action is questioned on the ground that no circumstances leading to an inference of the kind contemplated by the section exists, the action might be exposed to interference unless the existence of the circumstances is made out. Therefore, it is clear from the principle laid down by the Apex Court that an opinion can be formed only by application of mind which should be based on relevant materials. In other words, relevant factors and available information should be considered before....