ABHILASHA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by The order 4.9.2012 passed by The respondent No.2, Commissioner, Rewa Division, Rewa allowing The revision filed by The respondent No.7 and Thereby setting aside The order passed by The Collector, Satna rejecting The application filed by The respondent No.7 for removal of The petitioner from The post of Sarpanch, Gram Panchayat, Didaundh, Janpad Panchayat Sohawal, District Satna.

(2.) It is submitted by The learned counsel for The petitioner that The respondent No.2 has set aside a well reasoned order passed by The respondent No.3, Collector, Satna whereby The proceedings held by The SDO have been set aside on account of The fact that The procedure prescribed under section 40 regarding giving of proper opportunity to The petitioner to defend his case was not followed. It is submitted that The respondent No.2-authority has not applied its mind to The aforesaid aspect and, Therefore, The impugned order deserves to be quashed. It is furTher submitted that in view of The interim orders passed by The appellate authority and The first revisional authority The petitioner has been continuing as Sarpanch and, Therefore, The interim order in his favour be passed.

(3.) I have heard The learned counsel for The parties at length and perused The record.