DHANWANTI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against the order dt. 13.7.2012 passed by the learned Single Judge in W.P.No.4719/2012.

(2.) The appellant was elected as Sarpanch of Gram Panchayat. A show cause notice dt.6.2.2012 was issued by the Sub Divisional Authority Dabra, an authority prescribed under Section 40 of the M.P.Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the 'Adhiniyam of 1993') for removal of office bearers of Panchayat. It is mentioned in the show cause notice that the appellant had made construction of a road and spent Rs.3 lac on construction out of sanctioned amount of Rs.4,75,000/- unnecessarily. Hence, she had mismanaged the public fund. The appellant filed reply to the show cause notice and denied the allegations. The statements of the witnesses were recorded. Finally the prescribed authoritySDO vide order dt. 4.7.2012 ordered removal of the appellant from the post of Sarpanch and further ordered that a recovery of Rs. 3 lac be made from the appellant as an arrears of land revenue.

(3.) The appellant challenged the aforesaid order in a writ petition on the ground that in accordance with the proviso to Section 40 (c) of the Adhiniyam of 1993, the competent authority had no power and jurisdiction to pass the order of removal beyond the period of 90 days from issuing the show cause notice because the order was passed beyond the prescribed period, hence, it is null and void and contrary to the proviso to Section 40 (c) of the Adhiniyam of 1993.