Dabbeti Chinna Shankar, Adilabad Dist v. Prl Secy To Govt, Pr And Rd Dept, Ap, Hyd And 3 Others

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.23710 of 2011 ORDER:

The proceedings of the District Collector, Adilabad dated 05.08.2011, removing the petitioner from the post of Sarpanch, Achalapur Gram Panchayat, Tandur Mandal, Adilabad District, is questioned in this writ petition as being illegal, arbitrary and violative of Article 14 of the Constitution of India. In the counter-affidavit, filed by the respondents, its is stated that the term of office of the petitioner, as a Sarpanch, expired on 22.08.2011, and the writ petition was filed just two days before the expiry of his term.

As the term of office of the petitioner has already expired, more than six and half years ago, it is wholly unnecessary for us to examine the validity of his removal from the office of Sarpanch on merits, for, even if the order impugned in the writ petition were to be set aside, the petitioner would not be entitled to continue in office, since his original term of office as a Sarpanch expired on 22.08.2011 itself. It is evident, therefore, that the cause in the writ petition does not survive necessitating any further adjudication by this Court.

The Writ petition is, accordingly, dismissed as infructuous. Miscellaneous Petitions pending, if any, shall also stand dismissed. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) 20th April, 2018 JSU

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.23710 of 2011 Date: 20.04.2018 JSU