THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8670 of 2010 Dated:19.04.2010 Between: Smt.Mamidi Bhavani. ...Petitioner And The District Collector (PR), Vizianagaram District, Vizianagaram, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8670 of 2010 ORDER: The petitioner is a Sarpanch of Gram Panchayat. She was served with a show cause notice dated 11.12.2008. The English translation of the show cause notice reads as under. The above 2nd reference cited the Divl.Panchayat Officer, Vizianagaram Mandal, issued notice to Sarpanch, Gram Panchayat Sarika which is enclosed herewith in which there are charges against the Sarpanch. Therefore, G.O.Ms.No.30 of Gram Panchayat Relief dated 20.01.1995 Rule No.41-1 the Dist.Panchayat Officer, Vizianagaram, as per powers to the said rules, the Sarpanch Sarika Village is informed that after receipt of this show cause notice within 15 days she should reply why the cheque drawing powers should not be stopped. The reply should be forwarded to Regional Panchayat Officer, Vizianagaram. Within 15 days of the receipt of show cause notice if the reply is not sent the action will be taken against the Sarpanch presuming that there is no reply on her behalf. According to the above rules if there is no reply on this notice as shown in Ref.1 under Rule 42-1 as per powers the Divl.Panchayat Officer will order the prevention of withdrawal powers from treasury or banks by the Gram Panchayat Sarpanch. Till final orders are passed the Divl.Panchayat Officer will draw the funds. Challenging the same, the present writ petition is filed. This Court heard the Counsel for the petitioner and the Assistant Government Pleader for Panchayat Raj. Under Rule 42(1) of the Rules relating to taxes and lodging of monies and payment of monies by the Gram Panchayat, promulgated in G.O.Ms.No.30, dated 20.01.1995 (the Rules), the power is conferred on the District Panchayat Officer to withdraw the cheque drawing powers of the Sarpanch after issuing show cause notice for such period as may be specified. Pending the submission of the explanation to show cause notice it is also competent to the District Panchayat Officer to pass interim order withdrawing the cheque drawing power. The impugned order precisely does the same thing. But after getting instructions, Assistant Government Pleader submits that so far no final orders have been passed, but a show cause notice under Section 249(1) of the Andhra Pradesh Panchayat Raj Act, 1994 (the Act), for removal of the petitioner has been served. This Court interpreting Rule 42 of the Rules has held in Somagani Venkata Subbamma v The District Panchayat Officer, Krishna District at Machilipatnam[1] that there cannot be an order of withdrawal of cheque drawing powers permanently. Though a show cause notice was issued on 11.12.2008 temporarily withdrawing such powers pending final orders, no orders are passed so far. Therefore, if the petitioner is in the Office, she shall be allowed to operate panchayat accounts. This order shall not preclude the second respondent to pass appropriate orders again keeping in view the proceedings initiated by the District Collector under Section 249(1) of the Act. The Writ Petition is disposed of accordingly. ____________ (V.V.S.RAO, J) 19.04.2010 vs [1] 2006 (4) ALD 1