DHARMENDRA SINGH Vs. PAPPU LAL KORI

JUDGEMENT

(1.) Heard. This writ appeal is filed against the order dated 3.12.2013 passed by writ Court in Writ Petition No. 1428/2013.

(2.) Respondent No. 1 Pappu Lal Kori contested election of Sarpanch of Gram Panchayat Mahua, Tahsil Porsa, District Morena which was held in the month of January, 2010. He was elected as Sarpanch of the Gram Panchayat in January, 2010 as admitted by learned counsel for respondent No. 1.

(3.) Certain complaints were made in regard to illegalities committed by respondent No. 1. A show cause notice was issued to him. Thereafter, ten charges were framed against him. The Sub-Divisional Officer after conducting enquiry held all the charges proved against respondent No. 1. Thereafter, he passed an order of removal from the post of Sarpanch against the respondent on 12.11.2012. Against the aforesaid order, an appeal was filed by respondent No. 1 before the Collector, that has been dismissed vide order dated 18.2.2013 (Annexure P-1). Then the respondent No. 1 filed a writ petition before this Court. The writ Court allowed the writ petition by the impugned order and remanded the matter back to the authority for proper enquiry, after holding that the enquiry report was not supplied to respondent No. 1 and proper opportunity was not afforded to him.