SANTOSH RAGHUVANSHI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 17.1.2013 passed in WP No. 281/2013.

(2.) The appellant was elected as Sarpanch of Gram Panchayat Khamkheda - Lashkarpur of Tahsil Vidisha. On 24.7.2012. appropriate authority i.e. SDO issued a show cause notice to the appellant that why the appellant be not removed from the post of Sarpanch in accordance with the provisions of section 40 contained in MP Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the 'Adhiniyam of 1993'). The appellant submitted his reply and denied the allegations. Thereafter, the SDO passed an order on 31. 12.2012 and removed the appellant from the post of Sarpanch. Against the aforesaid order, the appellant preferred an appeal, that has been rejected by the Collector. Thereafter, he filed a writ petition, which has been dismissed by the learned Single Judge on the ground that the appellant could have filed a revision under the provisions of Adhiniyam of 1993.

(3.) This Court in the case of Dhanwanti has held tha the prescribed authority has no jurisdiction to pass order of removal of Sarpanch beyond the period of 120 days as mentioned in the proviso to section 40 (1) (c) of the Adhiniyam of 1993. The aforesaid provision is an under : -