RAJESH BARKADE Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of the India, has been filed by the petitioner challenging the order Annexure P-5 dated 12.10.2017 passed by respondent No.3 and also prayed to culminate the proceeding pending in furtherance to the show cause notice Annexure P-1 dated 14.6.2016 issued under Section 40(1) of the Panchayat Act because the order finalizing the enquiry within the time so prescribed in the second proviso has not been passed.

(2.) The undisputed facts of the case are, the petitioner is the elected Sarpanch of the Gram Panchayat, Amanala, Janpad Panchayat, Mandla District Mandla. He was served with a show cause notice Annexure P-1 dated 14.06.2016, as to why he should not be removed in exercise of the power under Section 40 (1) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred as the "Panchayat Act"). On receiving the said notice, reply Annexure P-2 was filed, but the final order completing the enquiry has not yet passed, however, appropriate directions have been sought to quash the proceedings.

(3.) It is said, as per proviso to Section 40(1) of the Panchayat Act final order ought to be passed within the period of ninety days otherwise the appropriate authority may seek extension in writing from the immediate senior officer, who can grant only thirty days' extension. It is urged, to pass the order from the date of show cause notice, ninety days' time extendable to thirty days total period of 120 days is specified. When the proceedings were not dropped, he submitted an application before the Sub Divisional Officer on 14.09.2016 to close the proceedings. The Sub Divisional Officer vide order dated 17.05.2017 referred the matter to the Chief Executive Officer Jila Panchayat, Mandla in reference to the Letter No.F/5- 2/2017/22/Pan.-1/Bhopal dated 03.05.2017 of the Government of Madhya Pradesh, Panchayat and Rural Development Department, Bhopal. The Chief Executive Officer in place of extension of time fixed various dates and vide order dated 12.10.2017 rejected the application of the petitioner, however, this petition has been filed seeking quashment of the said order and to drop the proceeding of Section 40(1) of the Panchayat Act.