IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.611 OF 2010 DATED:16.8.2010 Between: Janagama Shankaraiah … Appellant And The Government of Andhra Pradesh Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO.611 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) The appellant – Sarpanch was placed under suspension by the District Collector in exercise of powers vested in him under sub-section (6) of Section 249 of the Andhra Pradesh Panchayat Raj Act, 1994, which may be noticed for facility of reference. “249(6). If the District Collector is of the opinion that a Sarpanch or a Upa-Sarpanch or any member of Gram Panchayat or the Government are of the opinion that any President or Vice- President or the “Chairperson” or “Vice-Chairperson” or any member of a Mandal Parishad or Zilla Parishad willfully omitted or refused to carry out the orders of Government for the proper working of the concerned local body or abused his position or the powers vested in him, and that the further continuance of such person in office would be detrimental to the interests of the concerned local body or the inhabitants of the village, Mandal or District, the District Collector or as the case may be, Government may, by order, suspend such Sarpanch or Upa- Sarpanch or President or Vice-President or as the case may be, the “Chairperson” or “Vice-Chairperson” or member from office for a period not exceeding three months, pending investigation into the said charges and action thereon under the foregoing provisions of this section: Provided that no order under this sub-section shall be passed unless the person concerned has had an opportunity of making a representation against the action proposed; Provided further that it shall be competent for the Government to extend, from time to time, the period of suspension for such further period not exceeding three months, so however that the total period of suspension shall not exceed six months: Provided also that a person suspended under this sub-section shall not be entitled to exercise the powers and perform the functions attached to his office and shall not be entitled to attend the meetings of the concerned local body except a meeting held for consideration of a no-confidence motion.” It is manifest from a plain reading of the Section that the Collector can exercise the power of suspension, if he is of the opinion that a Sarpanch has among other things abused his position/powers vested in him and his continuation is detrimental to the interests of the concerned local body or inhabitants of the village so on and so forth. In the case on hand the appellant – petitioner has been placed under suspension on the basis of allegations of financial irregularities which are twelve in number. Contention of the learned counsel for the appellant is that the appellant could not have been placed under suspension unless charge is framed. Contention suggests an attempt to persuade us to rewrite sub-section (6), which is beyond our power and examining the challenge within the phraseology used in the section itself which simply speaks of prima facie satisfaction of the District Collector for suspension pending investigation, we find no cause to interfere with the impugned order. It may not be out of place to mention that the appellant -petitioner has questioned the suspension order on grounds of mala fides also which could not be taken into account by the learned single Judge because of petitioner’s failure to implead local member of Legislative Assembly, who happens to be Minister also, rightly so because the allegations could not be adjudicated at the back of the party against whom same are levelled. Dismissed. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 16-8-2010 B. Narsinga Rao