THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.5018 of 2009 ORDER: The petitioner is elected as a member of Mandal Parishad from Kandibanda-2 territorial constituency. The Deputy Executive Engineer of Andhra Pradesh State Housing Corporation Limited, Nalgonda is said to have submitted a report dated 06.01.2009 to the District Collector, the 3rd respondent herein, alleging that the petitioner had directly drawn the bills for cement and bricks for the houses sanctioned by the Government for the eligible poor persons. On that basis, the 3rd respondent passed orders on 03.02.2009 suspending the petitioner for a period of three months pending the investigation. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development. Sub-section (6) of Section 249 of the A.P. Panchayat Raj Act, 1994 (for short ‘the Act’) no doubt, empowers the 3rd respondent to suspend the members of the Mandal Parishad, on the grounds mentioned therein. However, the proviso to sub-section (3) of the Act makes it clear that before a member is suspended, he must be issued a show cause notice. The impugned order does not make any reference to any show cause notice much less to the explanation of the petitioner. On that short ground, the impugned order is liable to be set aside. But, however, it is directed that the impugned order shall be treated as a show cause notice and the petitioner shall submit his explanation within two weeks from today. It shall be open to the 3rd respondent to pass fresh orders, after taking the explanation submitted by the petitioner into account. The petitioner shall be furnished a copy of the report mentioned in the impugned order forthwith. The writ petition is, accordingly, disposed of. No costs. _____________________ L.NARASIMHA REDDY,J 13.03.2009 Note: Furnish CC by 16.03.2009 Bo v v