L BANGL RAMAPPA Vs. GOVT OF A P PANCHAYAT RAJ

JUDGEMENT

(1.) The 1st petitioner is a member of the Gram Panchayat Kalyan- durg, Ananthapur district. The 2nd petitioner is the Upa-sarpanch. The 4th respondent is a member of the same panchayat, while the 5th respondent is the Sarpanch.

(2.) It is stated by the petitioners that at a meeting convened by the Youth Congress on 11th March, 1977 at Kalyandurg, on the eve of the Ganeral Elections to the Parliament, the 5th respondent asserted that the Congress would sweep the polls and Smt Indira Gandhi would form the Goverment at the Centre, and in the event of the aforesaid two events not happening, he would resign his office as Sarpanch. When those two things did not happen, with a view to make good his promise at the public meeting, he issued a notice calling for an urgent meeting of the Gram Panchayat by notice dated 23rd March, 1977 submitting his resignation. Pursuant to that notice, a meeting was convened on 24th March, 1977 submitting his resignation. Pursuant to that notice a meeting was convened on 24th March, 1977 wherein he submitted his resignation. Resolution No. 138 reading that fact was recorded. While so, the Executive Officer (3rd respondent) Gram Fanchayat, Kalyandurg, sought clarification from the District Collector (2nd respondent) whether the resignation of the 5th respondent had taken effect. The Distrct Collector after obtaining legal opinion from the Government pleader, intimated the Executive Officer on 2nd April, 1977 that the resignation of the 5th respondent had taken effect- From that day onwards the 2nd petitioner in his capacity as Upa sarpanch presided over three meetins held thereafter and also discharged the func- tions of the sarpanch. The 5th respondent also participated In those meetings, but only as a Member.

(3.) However, the 4th respondent as a member of the Gram Panchayat preferred a revision before the Government questioning the clarification issued by the District Collector. Pending disposal of the revision, the Government granted interim stay. Finally, the Government passed orders in G.O.Rt No.28 dated 28th March, 1978 stating that the resignation was not placed before the appropriately convened meeting of the Gram Panchayat because there was no quorum. Hence, the Government set aside the clarification given by the Collector and allowed the revisioh. Questioning the order of the Government the petitioners have filed this writ petition.