VIRENDRA TYAGI Vs. STATE OF M P

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner has filed this petition questioning the legality and validity of continuance of respondent No. 4 as a Sarpanch of Gram Panchayat Gaheli, Tahsil Mehgaon, District Bhind on account of disqualification to the post.

(3.) THE learned counsel for the petitioner submitted that respondent No. 4 lacks the qualification continuing as a Sarpanch of the Gram Panchayat under the provisions of Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam of 1993'), hence, a writ of quo-warranto can be issued. In support of his contention, he has relied upon on the following judgments: (i) 2009 (1) M.P.J.R. 212, Satya Prakash Agrawal vs. State of M.P. & ors.; (ii) AIR 1999 SC 1723, K. Venkatachalam vs. A. Swamickan and another; (iii) AIR 1966 SC 828, Gadde Venkateswara Rao vs. Government of Andhra Pradesh and others.