LAWS(MPH)-2013-7-160

GUDDI DEVI Vs. STATE OF M P

Decided On July 04, 2013
GUDDI DEVI Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) The petitioner has filed this petition against the order date 16.12.2011 (Annexure P/1) passed by the Collector Datia and also against the order dt.27.3.2012 (Annexure P/2) passed by the Commissioner. Chambal Division, Morena, by which the appeal filed by the petitioner against the order dt. 16.12.2011 has been dismissed.

(2.) The petitioner was elected as Member of Janpad Panchayat Morena. A show cause notice was issued to the petitioner under section 40 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'Adhiniyam 1993') that why she should not be removed from the post. It is mentioned in the show cause notice that husband of the petitioner in a meeting held on 28.2.2011 quarreled with Chief Executive Officer Janpad Panchayat Morena. He had also behaved unruly with him. The petitioner denied the allegations of show cause notice. Thereafter, evidence was recorded and the Collector by the impugned order date 16.12.2011 removed the petitioner from the post of Sarpanch. It is mentioned in the order that on 28.2.2011 husband of the petitioner Suresh Singh had misbehaved with the officers, he had used unparliamentary language and also he created noisy scene due to which honour of the Jarjrpad Panchayat was downgraded. Against the aforesaid order, an appeal -was filed by the petitioner, which was dismissed.

(3.) From the perusal of the aforesaid section, it is clear that the disqualification under the aforesaid section would incur if the conduct of the person who holds the post is unlawful. In the present case, the allegation is that the conduct of the husband of the petitioner was unlawful. Hence, in my opinion, the petitioner could not be disqualified on this ground.