MUNNA BEE Vs. JILA PANCHAYAT, MANDSAUR

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dtd. 12/7/2021 passed by the Chief Executive Officer (CEO), Jila Panchayat, Mandsaur by which she has been removed from the post of Pradhan of Gram Panchayat Arniya Nizamuddin under Clause 16 of General Clauses Act, 1897.

(2.) In the erstwhile election of Gram Panchayat, held in the year 2015 the petitioner was elected as Surpanch of the Gram Panchayat. After completion of 5 years term when the elections could not be held, the State Government directed for constitution of the Administrative Committee in order to manage the day-to-day affairs of the Gram Panchayat. The present petitioner was nominated as Pradhan of the Administrative Committee of Gram Panchayat. Respondent No.2 - Akil Shah made a complaint on 14/6/2021 against the petitioner to the CEO, Jila Panchayat Mandsaur alleging various irregularities and illegalities in the development work in the Gram Panchayat during her tenure as President of Gram Panchayat. A show-cause notice dtd. 21/6/2021 was issued to the petitioner by the CEO. The petitioner submitted her reply on 28/6/2021 and vide order dtd. 12/7/2021 she has been removed from the post of Pradhan as the reply submitted by her was not found satisfactory, hence the present petition before this Court.

(3.) Respondent No.1 filed the reply by submitting that the petitioner has no legal right to claim appointment on the post of Pradhan as held by this Court in W.P. No.9614/2020 and in W.A. No.764/2020.The CEO, Jila Panchayat Mandsaur received various complaints in respect of irregularities and illegalities committed in various works during 5 years' tenure of the Surpanch, hence the show cause notice was issued, and the reply was called. Since the petitioner is not holding the regular post of Surpanch, therefore, the provisions of Sec. 89 and 40 would not apply and by virtue of general powers conferred under Clause 16 of the General Clauses Act, she has been removed from the post of Pradhan. Hence, no interference is called for and the petition is liable to be dismissed.