MODSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition is filed by the petitioner challenging the order passed by the Collector, Dewas (respondent No. 2), dated 19th May, 1978 (Annexure -F), disqualifying the petitioner for contesting any election as Panch or Sarpanch.

(2.) ACCORDING to the petitioner, he was chairman of the Janapada Panchayat, Dewas. earlier and according to him on certain complaints received by the State Government, the State Government conducted an enquiry and by order dated 17 -5 -1978 (Annexure -B) the Collector, Panchayats Dewas, issued a notice to show cause dated 28 -3 -1975. It is further alleged that by the orders of the State Government dated 6 -10 -1976, the matter was finally decided and two allegations against the petitioner were found proved, but the State Government did not think it fit to take any action for these two grounds and It only passed in order warning the petitioner. According to the petitioner inspite of this order passed by the State Government, the Collector Panchayats Dewas issued a show -cause notice dated 17 -5 -1978, which was received by the petitioner on 18 -5 -1978 at 11 a.m. in which the petitioner was called upon to file his reply within two days of the receipt of this notice. The petitioner contends that the allegations contained in this notice were the same allegations on which earlier proceedings have ended in the order passed by the State Government in 1976.

(3.) THE petitioner in this petition had challenged the order passed by the Collector (respondent No. 2) dated 19 -5 -1978 and also challenged the order passed by the Election Officer (respondent No. 3) rejecting the nomination paper of the petitioner. He also alleged that respondent No. 2 Collector, acted mala fide under the political pressure and passed this order against the petitioner. At the time of hearing, the petitioner gave up the relief against rejection of the nomination paper as the learned counsel for the petitioner stated that the election having taken place, there is no question about challenging the order rejecting the nomination paper and the petitioner only challenged the order passed by the Collector (respondent No. 2) on 19th May, 1978, holding that the petitioner is disqualified for elections of the Panchayat.