THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.2424 of 2010 Dated:05.02.2010 Between: Ettam Siddiramulu .. Petitioner And The District Collector, Nizamabad District and others .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.2424 of 2010 ORDER: The petitioner is the Sarpanch of Rajampet Gram Panchayat. The District Collector, Nizamabad, the 1st respondent, issued a show- cause notice dated 14.12.2009 to the petitioner under Section 249(1) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’). It was alleged that the petitioner has resorted to misuse of his official capacity. The petitioner submitted his explanation on 28.12.2009 to the said show-cause notice. Through proceedings dated 01.02.2010, the 1st respondent placed the petitioner under suspension, for a period of one month, in exercise of power under sub-section (6) of Section 249 of the Act. The same is challenged in this Writ Petition. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj. The order impugned in the Writ Petition is passed under Section 249(6) of the Act. Proviso to this sub-section mandates that before a Sarpanch is placed under suspension, a show-cause notice must be issued. This is in addition to the show-cause notice, which is required to be issued under sub-section (1) of the Act, for removal of the Sarpanch. There is no reference to the show-cause notice issued under Section 249(6) of the Act. Hence, the Writ Petition is allowed, and the impugned order is set aside. It is, however, left open to the 1st respondent to pass appropriate orders in accordance with law. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated: 05.02.2010 KH