ASHOK SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE writ appeal has been filed under Section 2 (1) of the Madhya Pradesh uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 against the judgment and order dated 30-8-06, passed by the learned Single Judge in Writ petition No. 2530/06.

(2.) THE brief facts leading to filing of this appeal are that the petitioner/appellant was elected as President of Krishi Upaj Mandi Samiti, Mau, District bhind. A criminal case was registered against him for committing offence under section 395 of IPC read with Section 136 of the Representatives of People Act, which was decided by the judgment dated 27-2-06 rendered in Sessions Trial Nos. 15 and 18 of 2000, by the Additional Sessions Judge, Gohad, whereby the appellant was convicted for the aforesaid offence and sentence to ten years R. I. and six months R. I. respectively. Thereafter, on 14-4-06 the order (Annexure p-l), was passed by the Collector, Bhind that he ceased to hold office of president and his office has fallen vacant, as the appellant becomes disqualified for being an office bearer and President of Mandi Samiti under Section 11 -B (3)of M. P. Krishi Upaj Mandi Samiti Adhiniyam (hereinafter referred to as "adhiniyam of 1972") read with Section 36 of the Madhya Pradesh Panchayat raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "the adhiniyam, 1993") and therefore, under Section 36 (2) of the said Adhiniyam, 1993, the appellant ceased to be an office bearer and his office became vacant and therefore by the impugned order dated 14-4-06 (Annexure P-l) the collector Bhind directed the Vice President to perform the function of the chairman till new Chairman is duly elected. Thus, the appellant challenged the aforesaid order of the Collector Bhind in Writ Petition No. 2530/06. The learned Single Judge vide impugned order dated 30-8-06 dismissed the said writ petition of the petitioner, on the following grounds:-

(3.) AGAINST the said dismissal order, the petitioner has filed the present writ appeal.