IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.22711 OF 2007 Between: Gaddala Prakash. … Petitioner AND The District Collector (Panchayat Wing), Khammam, Khammam District and two others. … Respondents This Court made the following: O R D E R : The Sarpanch of Lakshmi Puram Gram Panchayat, Burgampadu Mandal, Khammam District, the petitioner herein, challenged the proceeding dated 18-10-2007 issued by the District Collector (Panchayat Wing), Khammam District, suspending him from the said post in exercise of powers under Section 249(6) of the A.P.Panchayat Raj Act 1994. 2. This Court, by order dated 26-10-2007, suspended the impugned proceeding. 3. In the scheme of Section 249(6) of the A.P.Panchayat Raj Act, 1994, the Sarpanch could have been suspended from office for a period not exceeding three months pending investigation into the charges. In the present case, the impugned proceeding dated 18-10-2007 did not even specify the period of suspension imposed upon the petitioner. It was therefore in violation of the statute. Further, the maximum period of suspension of the Sarpanch under Section 249(6) of the A.P.Panchayat Raj Act, 1994, cannot exceed six months. That being so, the proceeding dated 18-10-2007, being not only violative of the statutory provision, is incapable of execution at this belated stage. The impugned proceeding dated 18-10- 2007 issued by the District Collector (Panchayat Wing), Khammam District is accordingly set aside. This shall however not preclude the respondent authorities from initiating action afresh against the petitioner-sarpanch, if warranted, strictly in accordance with the procedure prescribed in the A.P Panchayat Raj Act, 1994. 4, Subject to the above observation, the Writ Petition is allowed. There shall be no order as to costs. _____________________ SANJAY KUMAR, J Date: 17-03-2011. KVS/BSB