REKHA GONTIA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner, who has been removed from The post of Sarpanch of Gram Panchayat Bhikhampur, Tahsil Niwas, District Mandla under section 40 of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993, has filed this petition being aggrieved by order dated 14.8.2012 passed by The Additional Commissioner, Jabalpur Division, Jabalpur in Case No.555/ A-89/A-15/11-12, whereby The stay granted in The revision filed by The petitioner has been vacated on The application filed by The respondent No.4.

(2.) It is submitted by The learned counsel for The petitioner that The respondent No. 4 is not a necessary party as has been held by The Collector in The previous proceedings nor has she been impleaded as respondent in The revision, in spite of which, The respondent/Additional Commisioner has vacated The interim order of stay existing in favour of The petitioner which is contrary to law. It is furTher submitted that The petitioner had deposited certain amount of money under protest before The Collector which has been treated as acceptance of guilt by The Additional Commissioner in The interim order which is also contrary to law. Lastly, it is stated that The Additional Commissioner has in The interim order recorded a finding of fact against The petitioner at The interim stage which in not permissible and as The petitioner has a prima facie case. Therefore, The respondent has erred in law in vacating The interim order passed in her favour.

(3.) From a perusal of The record it is apparent that The impugned order dated 14.8.2012 passed by The Additional Commissioner, Jabalpur is an interim order vacating stay in The revision filed by The petitioner which is still pending adjudication and has yet to be decided by The Additional Commissioner finally.