AMRITLAL JAISWAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall dispose of two writ petitions being WP No. 5853 of 2008 and WP No. 5855 of 2008 as controversy in both these cases is almost identical. Both these petitions have been filed by Sarpanches of two Gram Panchayats, who were ordered to be removed through two separate orders passed by the respective Prescribed Authorities and when the petitioners filed respective appeals before the Appellate Authority challenging the removal orders and prayed for interim relief, the Appellate Authority has refused to grant an interim relief. For the sake of convenience the facts are borrowed from WP No.5853/2008.

(2.) ISSUE notice to show cause to the respondents as to why the present petition be not admitted and finally disposed of. On asking of the Court, Shri Umesh Gajankush, learned Government counsel accepts notice on behalf of respondents no. 1 to 3. Advance copy of the petition has been supplied to the learned counsel for the respondents.

(3.) ALONG with the appeal, the petitioner had also filed an application for interim relief for staying the operation of the removal order. It was maintained by him that on account of the order of removal, the office of Sarpanch of the Gram Panchyat has been declared as vacant, therefore, if fresh elections are held to the said office, it would cause irreparable loss to the petitioner and therefore, it was appropriate that during the pendency of the appeal, interim protection be granted. Vide order dated September 8, 2008, the Collector, Khargone, Appellate Authority, has refused to issue an interim protection in favour of the petitioner and has refused to stay the operation of the removal order. It is in these circumstances that the order dated September 8, 2008 passed by the Appellate Authority has been challenged by the petitioner before this Court. I have heard learned counsel for the parties and have also gone through the record of the case.