IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11393 of 2008 Between: Smt. Orsu Hemalatha W/o. Srinivasa Rao R/o. Mylavaram, Mylavaram Post & Mandal, Krishna District. ..... PETITIONER AND 1 Govt. of A.P., Rep. by its Principle Secretary, Dept. of PR & RD, Secretariat, Hyderabad. 2 The District Collector (P.W.), Krishna District, Machilipatnam. 3 The District Panchayat Officer, Krishna District, Machilipatnam. 4 The Divisional Panchayat Officer, Nuziveedu, Krishna District. 5 The Panchayat Secretary, Mylavaram Gram Panchayat, Mylavaram, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in enforcing proceedings Roc.No.2153/06 Pts.3 dated 28.04.2008 without considering the application filed for interim suspension of the said proceedings in the Appeal filed under section 249(7) AP PR & RD Act as illegal, contrary to law and against the principles of natural justice and consequently direct the respondents not to enforce the Proceedings Roc.No.2153/06 Pts.3 dated 28.04.2008 on the file of the 2nd respondent pending disposal of the Appeal on the file of the 1st respondent with all consequential benefits and pass Counsel for the Petitioner:MR.M.C.ACHARYULU Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.NO. 11393 OF 2008 ORDER: 1. The petitioner was elected as Sarpanch of Mylavaram Gram Panchayat of Krishna District through proceedings dated 28-4- 2008. The second respondent directed removal of the petitioner from the office, in exercise of powers under sub-section 1 of Section 249 of A.P. Panchayath Raj Act (herein after referred to as ‘the Act’ for brevity). The petitioner assailed the same by preferring an appeal under sub Section 7 of Section 249 of the Act. The application for stay was said to have been filed. 2. This Writ Petition is filed complaining that the first respondent did not pass any interim order, though much time had been elapsed ever since it was presented. It is also complained that steps are being initiated for the recovery of the amount mentioned therein, with a threat of initiation of criminal proceedings. Across the Bar it is mentioned that the Grampanchayath had issued a notice dated 16-5-2008 proposing to initiate criminal action. 3. Heard learned counsel for the petitioner and learned Government Pleader for Panchayath Raj for Respondents. 4. The order of removal was passed against the petitioner about one month ago and the same has since come into force. The appeal preferred by the petitioner as well as the application for interim orders filed therein are pending and it is represented that hearing of the application for stay is scheduled to take place on 4-6-2008. At this stage, this Court is not inclined to express any opinion as to the interim orders that are required to be passed by the appellate authority on the appeal preferred by the petitioner. However, if the amount mentioned in the impugned order is recovered from the petitioner or if she is prosecuted even while the appeal is pending, the petitioner would be subjected to serious hardship. Hence, the writ petition is disposed of as follows: a) The first respondent shall expedite the disposal of the appeal or the stay petition as the case may be. b) Pending the disposal of the appeal, no amount shall be recovered from the petitioner nor she shall be subjected to any prosecution. No order as to costs. ____________________________ Justice L. Narasimha Reddy 29th May, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.NO. 11393 OF 2008 29th May, 2008