IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24451 of 2007 Between: Mamidipalli Sujatha, W/o. Sarangapani, Gram Panchayat of Parkal, R/o. Parkal Village and Mandal, Warangal District. ..... PETITIONER AND 1 The District Collector, (Panchayat Wing), Warangal, Warangal District. 2 The Gram Panchayat, Parkal Village and Mandal, Warangal District, Rep. by its Panchayat Secretary. 3 Smt. Gandham lakshmi, W/o. Sammaiah, R/o. H.No. 2-27,, Adarsh Nagar, Parkal Village and Mandal, Warangal 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 an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the notice dt. 24-9-2007 in proceedings No. 3128/2006/A2 issued by the 1st respondent as illegal, arbitrary and contrary to the provisions of A.P. Panchayat Raj Act, 1994 and principles of natural justice and consequently direct the respondents to continue the petitioner as 3rd Ward Member of Parkal Gram Panchayat, parkal Mandal, Warangal District, till the alleged controversy relating to disqualiﬁcation U/Sec. 19(3) of A.P. Panchayat Raj Act, 1994 is decided by the Competent Court, i.e., District Court U/Sec. 22 of the A.P. Panchayat Raj, 1994 and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.PRABHAKAR RAO Counsel for Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for Respondent No.2: Sri G. Elisha The Court made the following : ORDER: This writ petition is ﬁled challenging the notice dated 24-09-2007 issued by the Collector, Panchayat Wing, the 1st respondent herein intimating the petitioner that she has incurred disqualiﬁcation under Section 19 (3) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, ‘the Act’). The petitioner had raised several grounds including the one as to the jurisdiction of the 1st respondent and non-compliance with the procedure under Section 22 of the Act. Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj. It is clear that the 1st respondent is not conferred with any power under Section 22 of the Act in the context of intimating disqualiﬁcation incurred by an elected member or sarpanch. Obviously realising this, the Collector, Panchayat Wing, had withdrawn proceedings dated 24-09-2007. Learned Government Pleader for Panchayat Raj submits that an intimation similar to the one, dated 24- 09-2007 has since been issued by the District Panchayat Oﬃcer on 21-11-2007. If the petitioner feels aggrieved by that intimation, she has to assail the same or await till the executive authority or the complainant approaches the District Court under Section 22 of the Act. The writ petition is accordingly disposed of. L.NARASIMHA REDDY, J 06-11-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, (Panchayat Wing), Warangal, Warangal District. 2 The Gram Panchayat, Parkal Village and Mandal, Warangal District, Rep. by its Panchayat Secretary. 3 Two CCs to the Government Pleader for Panchayat Raj, High Court of Andhra Pradesh, Hyderabad (OUT). 4 Two CD copies.