HUKUMCHAND JAIN Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of india challenging the impugned orders, dated 17th November 1983 (Annexure R-2), passed by the State Government (Respondent No. 1)under sub-section (2) of section 31 of M. P. Panchayats Act (hereinafter, called, Act) cancelling the election of the petitioner as Panch and also as Sarpanch of Gram Panchayat, Mohangarh.

(2.) THE material facts leading to this petition are as follows : in the election for Gram Panchayat Mohangad the petitioner was elected as panch from ward No. 4. The petitioner and Respondent No. 4, both contested the election and the latter lost. Respondent No. 4 filed election petition against the petitioner before S. D. O. Jatara as provided by Section 117 of the Act, which was pending when impugned orders were passed.

(3.) ACCORDING to the petitioner, after his election as Sarpanch, the Respondent no. 4 started bearing grudge and ill-will. That as they belonged to rival political parties, respondent No. 4 tried to invent ways and means to dislodge the petitioner as sarpanch and sought assistance of respondents Nos. 1 and 2 for reasons otherwise than legal. It is stated that respondent No. 4 having realised that there was no possibility of success in the election petition managed and manipulated the passing of the impugned orders dated 17th November 1983 by respondent No. 1 cancelling petitioner's election as Panch and Sarpanch. The petitioner learnt about those orders only when a copy of a memo dated 24-11-1983 sent by Collector (Respondent No. 2) to Vikas Khand adhikari (Respondent No. 3) requiring him to seize charge of the office of Sarpanch from the petitioner forthwith and to hand over to Up-sarpanch, was received. The petitioner has challenged the impugned orders on the grounds of being mala fide, arbitrary, based on political considerations, illegal and without jurisdiction and sanction of law and also being violative of the principles of natural justice.