M.Nagarathnamma, Chittoor District v. The Principal Secretary, The Government Of A.P. And 4 Others

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.20315 of 2011 ORDER:

The action of the respondents in issuing proceedings dated 27.04.2011 removing the petitioner from the post of President, Mandal Praja Parishad, Valmikipuram, Chittoor District, under Section 249(1) of the A.P. Panchayat Raj Act, 1994, is questioned in this Writ Petition as illegal and arbitrary. By way of an interim order, the petitioner sought a direction to suspend G.O.Ms.No.91 dated 27.04.2011 issued by the 1st respondent. The petitioner was elected as the President, Mandal Praja Parishad, Valmikipuram, Chittoor District, on 23.07.2006, and her term of office came to an end in the year 2011. By virtue of the interim order in WPMP No.24645 of 2011 dated 20.07.2011, she would have continued in service.

In the counter-affidavit, it is stated that an enquiry was caused in terms of the directions of the A.P. Lokayukta, and on a show-cause notice being issued to the petitioner on 28.06.2010, to which she submitted her explanation, the 3rd respondent came to the conclusion that, out of the 25 allegations levelled against the petitioner, eight had been proved; and a recommendation was made to the Government to remove the petitioner from the post of President, Mandal Praja Parishad. Subsequently, G.O.Ms.No.91 dated 27.04.2011 was issued removing the petitioner from the office of the President, Mandal Praja Parishad, Valmikipuram, Chittoor District. It is wholly unnecessary for us to examine the validity of the order of removal in this Writ Petition as, even otherwise, the term of office of the petitioner came to an end in

2011 itself. It is evident, therefore, that the cause in the Writ Petition does not survive necessitating any further adjudication by this Court, and the Writ Petition has become infructuous. The Writ Petition is, accordingly, dismissed as infructuous. The Miscellaneous Petitions pending, if any, shall also stand dismissed. No order as to costs.

_________________________________ RAMESH RANGANATHAN, ACJ.

Date:29-03-2018.

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