RAMESH Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner was declared elected on the post of President District Panchayat Barwani. On account of framing of charges against him under Sections 376 (2) (g), along with other Sections of the Indian Penal Code, the Commissioner, Indore Division passed an order on 06.01.2011 suspending him from the office of President District Panchayat, Barwani by invoking powers under Section 39 (1) (a) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short Adhiniyam, 1993). The said order of suspension dated 06.01.2011 was reported to the State Government as per the requirement of Section 39 (2) of the Adhiniyam, 1993 and the State Government vide order dated 07.02.2011 confirmed the said suspension order dated 06.01.2011.

(2.) Thereafter, the trial of the charges framed against the petitioner for the offences as aforesaid was conducted by the Special Judge, District Barwani in which the petitioner was acquitted vide judgment dated 28.02.2011 passed in Special Criminal Case No.15/2010.

(3.) On his acquittal the petitioner submitted a representation before the Commissioner, Indore Division seeking revocation of his suspension order dated 06.01.2011. However, before any decision could be taken by the Commissioner on the said representation, the petitioner filed a writ petition No.3193/2011 before this Court challenging the suspension order dated 06.01.2011. The learned Single Judge vide order dated 17.10.2011 allowed the said writ petition by observing that since the petitioner has been acquitted, vide judgment dated 28.02.2011 the impugned order of suspension dated 06.01.2011 stands revoked. The learned Single Judge, accordingly directed the respondents to reinstate the petitioner forthwith.