OM PRAKASH UIKEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam,2005, being aggrieved by the order dated 06-02-2019, passed by the learned Single Judge in W.P.No.1191/2017, whereby the writ petition filed by the writ petitioner challenging the order dated 16-01-2017, passed by Commissioner, Jabalpur Division, Jabalpur allowing the appeal of the respondent no.5 by setting aside the orders passed by the Collector and the Sub Divisional Officer directing the reinstatement of the respondent no.5 on the post of Sarpanch, has been dismissed.

(2.) The learned Single Judge has dismissed the writ petition mainly on the ground that the appellant has no locus standi to question the orders relating to the respondent no.5 passed in the proceedings under Section 40 (1)(a) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Adhiniyam, 1993).

(3.) The facts in short are that the respondent no.5 was elected as Sarpanch of Gram Panchyat Bhajipani, District Chhindwara. A complaint was made by the present appellant regarding misappropriation of funds by the respondent no.5 in construction of public toilets. He was served with a show cause notice dated 06-01-2016 by the Sub Divisional Officer calling upon him to explain why action under Section 40 of the Adhiniyam, 1993 be not taken against him. There were two allegations against the respondent no.5, one was relating to misappropriation of funds in the construction of public toilets in respect of Devman, Komal and Buddhman and the other allegation was regarding facing criminal trial for commission of offence under Section 376 of the IPC. The reply was submitted by the respondent no.5. By order dated 02-05-2016, the respondent no.5 was directed to be removed from the post of Sarpanch by the Sub Divisional Officer and he was further declared disqualified for a period of 6 years to contest the election. Being aggrieved by the said order, the respondent no.5 filed an appeal before the Collector. The same was also dismissed by order dated 17-08-2016. Thereafter, the respondent no.5 filed second appeal before the Commissioner . The Commissioner allowed the appeal and set aside the orders passed by the Collector and Sub Divisional Officer and directed reinstatement of respondent no.5 on the post of Sarpanch and thereafter the respondent no.5 had joined duties on 23-01-2017. Being aggrieved by the aforesaid order, the writ petition filed by the appellant was dismissed by the learned Single Judge.