KRISHNANAND GAUTAM Vs. STATE OF M.P.

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction of this Court, the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated 25.9.2000 contained in Annexure P -7 and further to command the respondent Nos. 1 and 2 to allow the petitioner to continue in the post of Sarpanch of the Gram Panchayat, namely, Kathwariya, District, Panna.

(2.) THE facts as have been uncurtained are that the petitioner was elected as Sarpanch of the Gram Panchayat, Kathwariya, and to that effect, the Returning Officer, Janpad Panchayat Gunour, District Panna issued an election certificate on 30.1.2000. The petitioner at that time was holding the post of the President, Jila Sahakari Sangh Maryadit, Panna and before filing the nomination papers for the post of Sarpanch, he had sent a resignation letter to the Assistant Registrar, Co -operative Societies on 3.1.2000, vide Annexure P -2. The letter of resignation of the petitioner was accepted' in a meeting convened by the Assistant Registrar on 6.3.2000. He was communicated about the acceptance of resignation vide Annexure P -5, dated 8.3.2000.

(3.) IT is pleaded in the writ petition that as there has been non -compliance of the mandatory provisions, the elechon petition filed by the respondent No.3 was not maintainable. It has also been pleaded that before assuming the charges for the post of Sarpanch the petitioner had submitted his resignation from the post of President, Jila Sahakari Sangh Maryadit, Panna and hence, he had complied with the requirement as en grafted under section 17(7) of the M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Act') and, therefore, the order passed by the respondent No.3 is unsustainable.