THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.21692 of 2009 DATED: 26.04.2010 Between: Kothuri Rajaiah .. Petitioner And The Collector (Panchayat Wing), Karimnagar District, Karimnagar, and others. .. Respondents ORDER: Petitioner states that the 3rd respondent herein, who is working as Sarpanch of Medipally Gram Panchayat, Ibrahimpatnam Mandal of Karimnagar District, is having three children and, therefore, he is disqualified to hold the said post, under Section 19(3) of the A.P. Panchayat Raj Act (for short ‘the Act’). Bringing the same to the notice of respondents 1 and 2, the Collector (Panchayat Wing) and the District Panchayat Officer, Karimnagar, respectively, the petitioner submitted a petition to them, pursuant to which, the 2nd respondent called for a report from the Tahsildar concerned. Based on the said report of the Tahsildar dated 20.05.2009, indicating that the 3rd respondent is having three living children and the third child was born on 28.02.2008, the 2nd respondent issued a notice of intimation of disqualification under Section 22(1) of the Act, to the 3rd respondent, on 08.07.2009. Now, the grievance of the petitioner is that, pursuant to the said notice dated 08.07.2009, no action has been taken by the respondent authorities for removing the 3rd respondent from the post of Sarpanch, though it was found that he is disqualified for holding the said post, and the 3rd respondent is still continuing in the said post. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj appearing for the official respondents and the learned counsel appearing for the 3rd respondent. The learned Assistant Government Pleader for Panchayat Raj submits that so far no action is taken by the respondent authorities against the 3rd respondent, pursuant to the notice dated 08.07.2009. The learned counsel appearing for the 3rd respondent submits that the 3rd respondent preferred appeal against the said notice before the appellate authority and the same is still pending. In the facts and circumstances of the case, it is directed that, if the appeal filed by the 3rd respondent is still pending and no orders of stay, staying the notice dated 08.07.2009, are granted, the 2nd respondent shall take necessary action pursuant to the notice dated 08.07.2009 issued by him and pass appropriate orders in the matter, after issuing notice to the 3rd respondent. The writ petition is accordingly disposed of. No order as to costs. __________________ JUSTICE N.V. RAMANA 26th April, 2010 IBL