HUKIYA BAI Vs. STATE OF M .P .

JUDGEMENT

(1.) THIS petition is filed by the petitioner challenging order Annexure P-1 dated 24.8.2006 passed by the Collector, Shivpuri whereby the petitioner who was elected as Sarpanch of Gram Panchayat Amhara Janpad Panchayat Bhadarwas was suspended in exercise of powers under section 39 (1) of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 on the ground that a criminal case is pending against the petitioner.

(2.) THE contention of learned counsel for the petitioner is that under section 39 (1) of the said Adhiniyam a Sarpanch can be suspended only after charge is framed against him in the criminal proceedings. In the present case charge is not framed against the petitioner merely a FIR Annexure P-3 is lodged against the present petitioner.

(3.) AFTER perusing the said judgment I find that the said judgment is interpretation of section 115 of Orissa Gram Panchayat Act, 1965. The said section is quoted by the apex Court in para 7 of his judgment. From the perusal of the said section it appears that the said section is quite different from section 39 (1) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993. Section 39 (1) specifically lays down that a Sarpanch can be suspended on framing of a charge in a criminal case. Admittedly no charge has been framed against the present petitioner. Hence, impugned order cannot be sustained as there is no provision under the Act for suspending a Sarpanch only on the ground that FIR is lodged against him.