KISHORE Vs. STATE OF M P

JUDGEMENT

(1.) THE present public interest petition has been filed impugning the order dated 6-12-2007 passed by the Commissioner, Jabalpur Division, allowing the revision filed by the respondent No. 6 under Section 91 of the M. P. Panchayat raj Adhiniyam, 1993 (hereinafter referred to as "adhiniyam") whereby the additional Commissioner has allowed the revision of the respondent No. 6 and set aside the order of removal passed against him under Section 40 of the adhiniyam.

(2.) ORDER dated 21-3-2007 was passed by the Sub-Divisional Officer, revenue, Sausar District Chhindwara removing respondent No. 6 from the office of the Sarpanch of Gram Panchayat, Sawanga with immediate effect and declaring him disqualified for 6 years under Section 40 (2) of the Adhiniyam. The order of the Sub Divisional Officer was challenged by the respondent No. 6 before the Collector and the matter had travelled to the Additional commissioner by way of revision under Section 91 of the Adhiniyam which has been allowed by the Additional Commissioner.

(3.) SECTION 40 of the Adhiniyam deals with the removal of office bearers of Panchayat and reads as under:-