RAMESH IWNATI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the order dated 15/7/2008 passed by respondent No.3 by which he has been removed from the post of Sarpanch and disqualified for the period of six years for contesting the election under Section 40(1) of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.

(2.) The contention of the petitioner is that he was elected as a Sarpanch of Gram Panchayat, Bagbardhiya in the year 2005. Thereafter a show cause notice was issued to the petitioner on 5/12/2007 under Section 40 of the Adhiniyam. The petitioner filed reply to the said show cause notice on 31/1/2008. After submitting the reply the Sub Divisional Officer has obtained report from Chief Executive Officer behind the back of the petitioner and the said report was not supplied to the petitioner, however, without giving any opportunity of leading evidence to the petitioner, respondent No.3 has passed the impugned order dated 15/7/2008 thereby removing the petitioner from the post of Sarpanch and he has been debarred from contesting the election for a period of six years.

(3.) Learned counsel for the petitioner submits that the impugned order has been passed by respondent No.3 contrary to the procedure prescribed under Section 40 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. He further submits that an opportunity should have been granted to the petitioner for adducing the evidence and all the relevant evidence which are relied, that evidence of the respondents should have been taken in his presence and he should have been given opportunity of cross - examination of the witnesses examined by the respondents, however, in the present case the said procedure is not followed by respondent No.3.