MUZAFFAR ALI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY order dated 21.4.97 (Annexure P/1), the State Government has passed an order under section 41(1) (a) of M.P. Municipalities Act, removing the petitioner from the office of the Councillor of Nagar Panchayat, Bijuri, District Shahdol, on the allegations that the petitioner did not belong to OBC, but, however, obtained a false certificate and contested the election on the strength of the said certificate. The said order has been challenged before this Court on various grounds.

(2.) IT appears that after some complaint was made to the State Government/Collector about the petitioner's certificate of his being a member of OBC, the Collector through S.D.O. obtained a report and thereafter forwarded the same with his recommendations to the State Government. The SDO and the Collector in their report/recommendations made a specific statement that the petitioner did not belong to OBC as he was an 'Iraki' and not 'Manihar'. On 4.11.96 a show cause notice was issued to the petitioner who on his part submitted the reply on 23.11.96. It does not appear from Annexure P/1 that after 23.11.96 any enquiry was made by the State Government. The order dated 21.4.97 was passed after receiving the reply, but without holding any enquiry into the allegations. As observed above, Order Annexure P/1 has been challenged on manifold grounds, but the petition can be disposed of on the short ground of non -grant of proper opportunity.

(3.) THE petition is allowed. No costs.