LAJJA BAI Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant, who is the former Sarpanch of Gram Panchayat, sillarpur, Karera, District Shivpuri, has filed this Writ Appeal under Section 2 of the m. P. Ucchha Nyalaya (Khand Nyay Peeth ko Appeal) Adhiniyam, 2005 against the order passed by the learned single Judge in w. P. No. 2175/06.

(2.) THE brief facts of the case are that the appellant is an elected Sarpanch. The election took place in the month of January, 2005. Thereafter, Up-Sarpanch Smt. Geeta lodhi filed a complaint before the Collector that the appellant is having more than two children and the fifth child was borne on 17-3-2001 i. e. after 26-1-2001. On the basis of the aforesaid complaint, an enquiry was conducted by the Collector Shivpuri. The notice was given to the appellant. Reply of the notice was also taken on record and the evidence of witnesses was recorded. The collector had also examined the Birth and death Registration Register, which is being maintained by Gram Panchayat itself and after enquiry it was found that the birth of the fifth child of the appellant took place on 17-3-2001 i. e. after 26-1-2001, therefore, she has earned disqualification under section 36 (1) (m) of the M. P. Panchayat Raj avam Gram Swaraj Adhiniyam, 1993 and declared the appellant as disqualified to hold the office of Sarpanch and declared the office vacant. Against this order passed by the collector on 14-11-2005, the petitioner filed appeal before the Commissioner, Gwalior division Gwalior and the Commissioner by order dated 17-4-2006 dismissed the appeal of the appellant and affirmed the impugned order dt. 14-11-2005 passed by the collector Shivpuri. Thereafter the appellant filed writ Petition No. 2173/06. The learned single Judge by order dated 2-3-2007 found that the order of the Collector is legal and justified and dismissed the Writ Petition, against which the appellant has filed this appeal.

(3.) WE have heard the learned counsel for the parties and perused the findings recorded by the Collector, Commissioner in appeal and by the Writ Court in Writ Petition.