DHANWANTI Vs. STATE OF M P

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 4.7.2012 passed by Sub Divisional Officer, Dabra under Section 40 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (Adhiniyam).

(2.) Shri Gaurav Samadhiya, learned counsel for the petitioner fairly submits that the impugned order is an appealable order but since the order is without jurisdiction, he has chosen to file this writ petition directly before this Court. The learned counsel submits that a complaint was filed against the petitioner on 4.9.2011 and on the strength of which a show cause notice was issued on 6.2.2012. This show cause notice was issued under Section 40 of the Adhiniyam. The petitioner submitted his reply on 6.3.2012. Thereafter, the impugned order is passed on 4.7.2012. The learned counsel heavily relied on proviso to Section 40(1)(c) which reads as under:-

(3.) Shri Gaurav Samadhiya, learned counsel for the petitioner submits that this proviso is substituted for the following by M.P. Act 20 of 2005:-