ANITA DAMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by show-cause notice dated 6.10.2017 issued by Chief Executive Officer, Jila Panchayat, Dhar in exercise of powers u/s. 92(1) of M.P. Panchayat Raj and Gram Swaraj Adhiniyam, 1993 (hereinafter, for short, "the Act of 1993") directing her to deposit Rs. 10.75 Lakhs, failing which, proceedings for sending her in civil prison will be initiated.

(2.) The petitioner was elected as Surpanch of Gram Panchayat Bodiya, Janpad Panchayat Sardarpur vide notification dated 3.2.2010. Her tenure came to an end after completion of five years w.e.f. 18.3.2015. Thereafter, she did not continue as Surpanch and handed over the charge to the successor. During her tenure as Surpanch, Gram Panchayat received funds/advance under various heads for implementation of MANRGA scheme and other schemes of the Government. The Gram Panchayat received Rs. 10,00,000/- as an advance for development of entire village. The aforesaid amount was disbursed through Jila Panchayat and Janpad Panchayat Sardarpur to Gram Panchayat Bodiya.

(3.) According to the petitioner, she had utilised the said fund for development of village under the scheme by way of constructions like Panchayat Bhawan, schools, community hall, sanitary work, rural roads, panchayat roads, etc. That some villagers submitted complaint against the petitioner and Secretary of the Panchayat alleging that the fund has not been used properly. The Chief Executive Officer, Jila Panchayat directed the Chief Executive Officer, Janpad Panchayat to conduct an enquiry and submit the report within three days. According to the petitioner, Chief Executive Officer, Janpad Panchayat conducted ex-parte enquiry behind her back and submitted the report alleging that the petitioner did not utilise the entire fund. After receipt of the said report, impugned notice has been served upon petitioner, hence, she has filed the present petition before this Court on the ground that without hearing and without conducting an enquiry, impugned show-cause notice has been issued to her to deposit Rs. 10.75 Lakhs, hence, same is illegal and liable to be set aside.