Sarpanch can’t issue demolition notices: Telangana high court

Source:- deccanchronicle.com

Hyderabad: The Telangana High Court clarified that the village sarpanch is not authorised to issue notices or directions on behalf of the Gram Panchayat to remove the encroachments or illegal constructions in the village and that such power is entrusted with the Panchayat secretary appointed under Section 42 of the Act.

Justice Challa Kodandaram was dealing with the petition filed by Vanga Raghava Reddy, a resident of Nanajipur village, Shamshabad mandal, Ranga Reddy district, urging the court to declare the action of the sarpanch as illegal for issuing notices directing him to demolish his compound wall. The petitioner admitted, however, that the compound wall was illegal.

The petitioner’s counsel P. Janardhan Reddy submitted that although that the Gram Panchayat is the body corporate by the name of the village and the sarpanch is the official heading the Gram Panchayat with the power to pass resolutions and to carry on the functions entrusted to the Gram Panchayat, it is the Panchayat Secretary who has the authority to implement the said functions.

He then brought to the notice of the court GO 108, which was issued by the state government on September 26, 2018, and clearly mentions that the Panchayat secretary alone is entrusted with various functions and the authority to take necessary steps in response to alleged violations. The counsel further submitted that as the sarpanch happens to be a political person, he is not entrusted with the executive powers to deal with the affairs of the Gram Panchayat and has restricted authority as specified under Section 32 of the Panchayat Raj Act.

Considering the submissions, the court clarified that the village sarpanch has no powers to issue demolition notices.