NIRMAL SINGH SAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner is the Up -Sarpanch of Gram Panchayat Kogni, Tah. Gunder Dih, Distt. Durg. The Sarpanch of the said Gram Panchayat Smt. Janki Bai was removed under section 40 of the M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the Act). The power under section 40 of the Act are delegated to the Sub Divisional Officer by the State Government under the relevant Notification. Thus, the order for removal of the Sarpanch was made by the Sub Divisional Officer. Against this order, an appeal was filed before the Additional Collector by Smt. Janki Bai but the same was rejected whereagainst Smt. Janki Bai preferred a revision before the Commissioner under the provisions of section 91 of the Act. The revision was also rejected. Thereafter the Sarpanch approached the State Government under Section 40 of the Act, which is the power of the State Government, which was exercised by virtue of delegation, by the other authorities; and as such, the State Government was competent to entertain the revision. The State Government allowed the revision, setting aside the order of suspension of the Sarpanch vide order dated 5.11.97 which is the subject matter of challenge in this petition.

(2.) HEARD the learned counsel for the petitioner.

(3.) THE learned counsel for the respondents submitted that the Up Sarpanch has no locus standi to come to this Court; and secondly, even otherwise, the order of the State Government does not suffer from any infirmity.