HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.652 of 2007 Date: November 12, 2010 Between: Smt. P. Bharatha Laxmi. … Petitioner And 1. The Government of Andhra Pradesh, represented by its Secretary, Women Development & Child Welfare Department, Hyderabad & 3 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.652 of 2007 ORDER: By proceedings dated 20.12.2006, the Child Development Project Officer, I.C.D.S. Project, Asifabad, Adilabad District, respondent No.3 herein, removed the petitioner from the post of Anganwadi Worker in Kishtapur-II centre. This removal was occasioned by the fact that the petitioner, in spite of being elected as the Sarpanch of Kishtapur Gram Panchayat, failed to respond to the notice dated 11.12.2006 addressed by respondent No.3 calling upon her to resign one of the 2 posts and inform her decision in writing. 2. This Court by order dated 05.01.2007, taking note of the fact that no other person had been appointed in the place of the petitioner, granted interim suspension of the impugned proceeding dated 20.12.2006. Thereby, the petitioner continued to retain both the posts. 3. The learned Assistant Government Pleader for Woman Development and Child Welfare stated on the basis of the written instructions dated 23.10.2010 that the petitioner was continuing to hold both posts even as on date. Section 18 of the Andhra Pradesh Panchayat Raj Act, 1994, dealing with disqualification of certain office holders, specifically states that no Village Servant, Officer or servant of the Government of India or the State Government or any employee of a local authority or any institution receiving aid from the funds of the government shall be qualified for being chosen as or for being a member of a Gram Panchayat. 4. Relevant to note, being apprised of this legal position the Government of Andhra Pradesh caused amendment to G.O.Ms.No.7, Women’s Development and Child Welfare (Estt.) Department, dated 7.3.1996, in the year 2001 vide G.O.Ms.No.13, Women Development Child Welfare & Disabled Welfare (Estt.) Department, dated 04.8.2001, giving effect to the disqualification posited by the statute. 5. In view of the afore-stated development and in the light of the statutory prohibition, the petitioner cannot lay a claim to both posts simultaneously. That being so, the action of respondent No.3 in removing her from the post of Anganwadi Worker, Kishtapur-II centre, does not suffer from any illegality. As the petitioner failed to opt for one of the posts as requested under respondent No.3’s notice dated 11.12.2006, he had no option but to resort to such action. 6. The writ petition is devoid of merit and is accordingly dismissed. The interim order dated 05.01.2007 stands vacated. No order as to costs. ___________________ SANJAY KUMAR, J Date: November 12, 2010. BSB