MODSINOH DARYAOSINOH CHAWADA 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 an order warning the petitioner. According to the petitioner in spite 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.) IT is further submitted by the petitioner that after receipt of the notice on 18-5-1978 at 3. 45 p. m. on the same day the petitioner submitted an application to respondent No. 2 Collector, Dewas, stating his objections about the show-cause notice in view of the earlier decision of the State government and further stating that it would not be possible for the petitioner to reply to the notice within two days when he has yet to get the copies of a number of documents, which are referred to in this show-cause notice. It appears that the petitioner also raised an objection in this application that two days time was not sufficient, and it should be 30 days notice as provided for in section 17 (1) (this provision having been amended, 30 days notice was not necessary ). According to the petitioner, respondent No. 2, Collector, Dewas, sent a letter to the petitioner dated 19-5-1978 directing him that if he wants copies of documents he should apply to the chief Executive Officer of the Janapada Panchayat, Dewas, and he will provide him copies of the documents that he wanted. This letter was received by the petitioner at 11 a. m. on 19-5-1978. On the same day, i. e. 19-5-1978 the petitioner submitted another application to respondent No. 2 at 3-30 p. m. that the Chief Executive Officer was not available in his office and ultimately he has promised that after 3 O'clock he will be available and will make arrangements to get the petitioner copies of documents that he wants. The petitioner also submitted in his application that before he could get copies, two days time will come to an end and, therefore, wanted further time for filing a reply and also prayed for postponement of the Panchayat election for the Gram Panchayat, Nariakheda. According to the petitioner, the Chief executive Officer of the Janapada Panchayat, Dewas, got the records and the relevant files inspected by the petitioner at 5. 35 p. m. and provided certain copies at 9. 15 p. m. at night of 19-5-1978 and, therefore, it was not possible for the petitioner to file his reply on 19-5-1978 and he went to the office with his reply on 20-5-1978. But it appears that before his reply could be filed on 20th May 1978, according to the petitioner, on 19-5-1978 itself at 12 O'clock at night the Collector (respondent 2) passed an order against the petitioner disqualifying him for elections to the Panch or Sarpanch in the Panchayat elections. It is also alleged by the petitioner that this order was sent by respondent No. 2 to respondent No. 3 (the Election officer) as on 28th May, 1978, it was the date fixed for scrutiny of the nomination papers and the petitioner had filed a nomination paper for election of the Gram Panchayat, Nariakheda. On receiving this order from respondent no. 2, the respondent No. 3 rejected the nomination paper of the petitioner.