MAHENDRA SINGH KOURAV Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court the petitioners have visited this Court for issue of a writ of certiorari for quashment of the order dated 9-4-2001, Annexure P-11, passed by the Collector, Narsinghpur, the respondent No. 2 herein, and to issue such other directions as may be deemed fit and proper in the facts and circumstances of the case.

(2.) THE essential facts which need to be adumbrated are thus :-The petitioners are elected Panchas of Gram Panchayat, Kherri Mahalpur, Tehsil Kareli, District Narsinghpur. The respondent No. 6 was elected as the Sarpanch on 2-2-2000 as contemplated under Section 20 of the madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Act' ). The first meeting of the Gram Panchayat was to be held within 30 days of the publication of the result of the election of sarpanch. The State Government decided to fix a common date for holding of the first meeting for all the Gram Panchayats of the State and circulated a letter in that regard. The Collector, Narsinghpur issued a letter No. 238/2000, dated 4-2-2000 requiring the Sarpanch/secretary of the Gram Panchayat concerned to convene the first meeting of the elected Panchas on 11-2-2000. In pursuance of the letter issued vide Annexure P-l letter No. 58, dated 5-2-2000 was issued by the competent authority of the Gram Panchayat intimating that the first meeting would be convened on 11-2-2000. Notice dated 6-2-2000 for holding of the first meeting was issued to the Sarpanch and all the Panchas of the Gram panchayat by the Prescribed Officer. The venue of holding of the meeting was fixed at Primary School, Kherri. Time stipulated was 1 p. m. The said notice has been brought on record as Annexure P-3.

(3.) ACCORDING to the writ petitioners the first meeting of the Gram panchayat, Kherri-Mahalpur was convened on 11-2-2000 and the proceeding of the meeting was duly signed by the Secretary, Gram Panchayat and endorsed by the Prescribed Officer as per Annexure P-4. The respondent No. 6 started functioning as Sarpanch from the date of first meeting held on 11-2-2000.