THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20630 of 2002 Dated:16.06.2010 Between: B.Chandra Naik. ...Petitioner And The District Collector, Chittoor District, Chittoor. ...Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20630 of 2002 ORDER: The petitioner statedly was elected as Sarpanch of Mandalavari Palle Gram Panchayat of Peddamandyam Mandal in Chittoor District in 2002. The District Collector issued impugned orders vide proceedings Roc.No.3594/2002 A3(Pts), dated 19.09.2002, suspending the petitioner under Section 249(6) of the Andhra Pradesh Panchayat Raj Act, 1994, on an allegation that the petitioner had drawn 126 quintals of rice but distributed only 54 quintals of rice to the labourers for digging of nine Cattle ponds under Food for Work Programme. The same is assailed in the writ petition mainly on the ground that there is non-compliance of the first proviso to Section 249(6) of the Act. Though the writ petition was admitted by this Court on 11.10.2002, respondent has not filed any counter affidavit traversing the allegation that the impugned order was not preceded by an opportunity of making a representation. In the absence of any notice to the Sarpanch who is sought to be suspended under Section 249(6) of the Act, such an order cannot be sustained. Therefore, the impugned order is set aside. Counsel for the petitioner very fairly submits that the term of the petitioner also expired in 2006. The Writ Petition is accordingly allowed. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 16.06.2010 vs