TASHREEF KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD.

(2.) PETITIONER, seeks direction to the respondents to restore his financial powers and allow him to work as Panchayat Karmi/Secretary which, it is alleged that, he has been deprived since 7.12.2007. The petitioner also seeks quashment of letter dated 7.12.2007. Vide this letter Collector Chhindwara directed the Gram Panchayat Bhavari to take action against the petitioner as he was found involved in illegal activities. The direction by the Collector was in exercise of powers conferred vide Section 86 (1) of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Against the said communication dated 7.12.2007 petitioner preferred a Writ Petition: W.P. No. 17667/2007 which was dismissed on 4.1.2012 in the following term:

(3.) SECTION 86 (1) of 1993 Adhiniyam provides for that "(1) the State Government or the prescribed authority may, by an order in writing, direct any Panchayat to perform any duty imposed upon it, by or under this Act, or by or under any other law for the time being in force or any work as is not being performed or executed, as the case may be, by it and the performance or execution thereof by such Panchayat is, in the opinion of the State Government or prescribed authority, necessary in public interest." The Collector being the prescribed authority under SECTION 86 (2) of 1993 Adhiniyam is well within his power to direct the Panchayat for an action which has to be carried out by the Panchyat within the period stipulated in sub section (2) of SECTION 86. In case of failure it will be within the power of the prescribed authority to take action as provided under SECTION 86. In the case at hand since the petition W.P. 17667/2007 in which the operation of direction dated 7.12.2007 was stayed in the year 2007, has now been dismissed, it is expected of the Gram Panchyat Bhawari, Janpad Panchayat, Mohkhed to act thereupon within 30 days from the communication this order, failing which Collector, Chhindwara, the prescribed authority under SECTION 86 (2) of 1993 Adhiniyam would be at liberty to take action under law.