INDRAJIT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution,

(2.) IN the last general election of Gram Panchayat Barkheda Jagir the petitioner was elected as a Panch. Subsequently, the petitioner was duly elected as a sarpanch of the said Gram Panchayat. On 23-1-1971 a 'no confidence' motion was brought against the petitioner but it was thrown out by overwhelming majority vide minutes of the proceedings dated 23-1-1971 (Annexure TV ). Soon after the petitioner received 8 letters purporting to be the resignations of eight Panchas vide annexures 'e' to 'l'. According to the petitioner these resignations were not voluntary and were improperly obtained by someone of the opposite party. The petitioner thereupon wrote to the Collector Guna that the resignations were not genuine and requested him to investigate into the matter. The Collector, however, did not take any action. On the contrary he recommended dissolution of the Gram panchayat and it was accordingly dissolved by the State Government under section 305 of the M. P. Panchayats Act, (hereinafter referred to as the 'act'), vide annexure 's'.

(3.) AS a sequel to the dissolution of the Gram Panchayat the Government appointed an officer known as 'panchayat Avam Samaj Seva Sangthak' to exercise the powers and to perform duties of the Panchayat under Clause (b) of Sub-section (6) of Section 304 read with Section 305 of the Act, (vide Annexure 't' ). The contention of the petitioner is that under Subsection (4) of Section 304 read with section 305 it was obligatory on the Government to give the Panchas a reasonable opportunity to show cause against the dissolution and the Government having failed to do so the dissolution is illegal. The dissolution has also been challenged on certain other grounds which will be considered during the course of this order. The petitioner has, therefore, filed this petition praying that the order of dissolution as well as the order appointing the officer to perform the functions of the Panchayat may be quashed.