SHAMBHOO SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) INVOKING the extraordinary and inherent jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner, an elected Sarpanch of Gram Panchayat, Vangaon in District Shahdol, has prayed for calling for the entire records from the possession of the Sub -Divisional Officer, Anuppur and upon perusal of the same, to issue a writ of certiorari for quashment of order dated 2.3.2001, Annexure P -S, passed by the said authority whereby in exercise of powers under section 40 of the Madhya Pradesh Panchayat and Gram Swaraj Adhiniyam, 1993 (for brevity 'the Act'), he has removed him from his post. There is a further prayer to issue a writ of mandamus commanding the respondents to allow him to continue in the post of Sarpanch.

(2.) THE factual expose is that the petitioner was elected to the post of Sarpanch of Vangaon Gram Panchayat in the election held in the year 1999 -2000. The said seat was reserved for the Scheduled Tribe candidate and as the petitioner belongs to 'Gond' community, he contested the election and was declared elected on 5.1.2000 as per Annexure P -1. The petitioner had submitted a certificate regarding his date of birth and caste issued by the Primary School Rajnagar, Colliery, District Shahdol, dated 25.11.2000, Annexure P -2, wherein there is mention that he belongs to the Gond community and was a student of Class 2 of the said educational institution in the year 1960 -61. Naib Tahsildar, Kotma issued a letter dated 22.12.2000 requiring' him to appear on 23.12.2000 and to submit his documents relating to his caste. In pursuance of the said letter, the petitioner appeared on the date fixed and submitted the caste certificate granted in his favour on 27.10.1997 by the Naib Tahsildar, Kotma. In the meantime, the respondent No.2, the Sub -Divisional Officer, Anuppur, on 3.2.2001 issued a notice to show cause to the petitioner requiring him to explain that in an enquiry held against him, it had been found that he had admitted that he was essentially a person belonging to village Devnandpur, District Gajipur in the State of Uttar Pradesh and hence, he was not a member of the Scheduled Tribe, and, therefore, he could not have contested in the election for the post of Sarpanch of the Gram Panchayat, Vangaon as the said seat was reserved for the Scheduled Tribes and why he should not be removed from the post of Sarpanch. He was given a fortnight's time to file his show cause in that regard.

(3.) IT is averred in the petition that the petitioner belongs to Scheduled Tribe as he is a member of 'Gond' community and no question was raised with regard to the same from 1979 to 1994 and there are certificates issued in his favour in that regard and without cancellation of the said certificates, such drastic action was totally unwarranted. It is also put forth by him that the petitioner is a member of the State of Madhya Pradesh for last 30 years and to consider him a resident of Uttar Pradesh is highly inappropriate and unjust. It is also put forth that the order has been passed without proper consideration of material on record and on the basis of an enquiry conducted behind his back. It is also highlighted that though the petitioner had filed a detailed show cause, same has not been considered. It is also put forth that the action taken is not covered under any of the facets enumerated under section 40 of the Act.