MUNNI BAI Vs. STATE OF M P

JUDGEMENT

(1.) Challenge is to an order-dated 26.2.2013, as also an order-dated 13.3.2013. By order-dated 26.2.2013, Collector, Shahdol, while entertaining the dispute raised under sub-section (4) of Section 21 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (for short 'Adhiniyam, 1993'), has directed status quo of execution of order under reference i.e. no-confidence motion dated 7.12.2012 passed against respondent no.10.

(2.) Whereas, by order-dated 13.3.2013, respondent no.6 viz. Chief Executive Officer, Janpad Panchayat Jaisinghnagar Distt. Shahdol in purported compliance of order-dated 26.2.2013 has reposted respondent no.10 as Sarpanch of Gram Panchayat Jhiria by removing the petitioner who was appointed as adhoc Sarpanch.

(3.) Relevant facts borne out from the record and not in dispute are that in a proceeding held on 7.12.2012, no-confidence motion was passed against respondent no.10, the Sarpanch of Gram Panchayat Jhiria. Respondent no.10 raised the dispute under sub-section (4) of Section 21 'Adhiniyam, 1993 before Collector, Shahdol wherein an order of status quo came to be passed on 26.2.2013. However, before passing of the said order, the petitioner was appointed as adhoc Sarpanch on 10.12.2012 in consonance with clause (b) of sub-section (1) of Section 38 of the Adhiniyam, 1993. That Chief Executive Officer, Janpad Panchayat Jaisinghnagar on receiving the order-dated 26.2.2012 passed by Collector, Shahdol, by order-dated 13.3.2013, directed restoration of respondent no.10 as Sarpanch of Gram Panchayat Jhiria.