GRAM PANCHAYATKANWAN Vs. FRANCIS BARIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India.

(2.) Petitioner No. 1 is a Gram Panchayat established and constituted under the provisions of the Madhya Pradesh Panchayat Ordinance, 1981 (now M. P. Panchayat Adhi-niyam, 1981). The term of the Panchas of Gram Panchayat, Kanwan was to expire on 28-4-1980 and, therefore, the State Government passed an order dated 11th Apr., 1980 appointing respondent No. 1 as Administrator till the constitution of the new Gram Panchayat. On coming into force of the Madhya Pradesh Panchayat Ordinance, 1981 (hereafter called as Ordinance) elections of the Gram Panchayat were held on 9-8-1981 and 21 persons including petitioner No. 2 were elected and co-opted as Panchas for the constitution of Gram Panchayat, Kanwan. Elections for the office of Sar-Panch and Up-Sarpanch were also held and petitioner No. 2 was elected Sarpanch of the Gram Panchayat. These elections were duly published and notified by the Collector vide notification dated 11-8-1981 (Annexure I) as per the provisions of the Ordidance. One of the elected Panchas namely Rajmal s/o Sagarmal filed an election petition against the election of petitioner No. 2 before the Sub- Divisional Officer (respondent No. 2) who by his order dated 17-8-198! stayed taking over of charge by him. However, on 25-8-1981 said Rajmal withdrew the election petition with the result that the Sub-Divisional Officer dismissed the same as withdrawn. The stay order was automatically vacated. Thereafter one Shantilal who was a nominated Panch preferred a revision against the order of the Sub-Divisional Officer under Section 313 of the M. P. Panchayat Act, 1962 (the repealed Act) before Collector, Dhar. The revision petition is still pending before the Collector.

(3.) Petitioners' grievance is that the Administrator (respondent No. 1) has refused to hand over charge to the petitioners even though the election petition has been dismissed and the stay order has been vacated. According to the petitioners, respondent No. 1 has no lawful authority to refuse to hand over charge and to continue as Administrator. Petitioners, therefore, seek a writ of mandamus against the Administrator, respondent No. 1 to hand over the charge of the office of Gram Panchayat Kanwan to petitioner No. 2 the elected Sarpanch thereof and a similar writ against respondents 2 and 3 to act in accordance with the provisions of the Adhiniyam and direct the Administrator to hand over charge to petitioner No. 2.