JAGDISH MEENA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has approached this Court by way of writ petition being aggrieved by the order dated 09.04.2018 passed by the Chief Executive Officer and prescribed authority, Jila Panchayat, Dewas whereby he has been removed from the post of Sarpanch, Gram Panchayat, Kolari and declared disqualified to contest the election for a period of 6 years by virtue of powers conferred under section 40(2) (1) of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1995 (for short 'the Panchayat Act') and the order dated 13.08.2018 passed by the Commissioner, Ujjain Division whereby the appeal has been dismissed. Brief facts....

(2.) Petitioner was elected as Sarpanch, Gram Panchayat, Kolari in the year 2014. In the year 2015, a complaint was made alleging that he has constructed 27-meter road on private land and misused a sum of Rs.46,203/-. Another allegation has also been made that he obtained Rs.100/- each from the beneficiaries for preparation of their ration cards. The Chief Executive Officer, Janpad Panchayat, Khategaon vide letter dated 02.09.2016 proposed action under section 40 of the Panchayat Act against the petitioner and requested the Sub Divisional Officer to take action. Along with the said letter to the Sub Divisional Officer (Revenue), he has annexed the enquiry report (25 pages) and the enquiry report submitted by the Sub Engineer (08 pages). Based on the aforesaid complaint, the Sub Divisional Officer registered a case against him and initiated proceedings under section 40 of the Panchayat Act. Vide order dated 24.08.2016 a summon was issued to the petitioner for an appearance on 20.09.2016. Before the Sub Divisional Officer could further proceed in the matter w.e.f. 01.05.2017, an amendment has been brought by the State Government in the Panchayat Act by which power of Sub Divisional Officer has been conferred upon the Chief Executive Officer of Jilla Panchayat for taking action under section 40 and 92 of the Panchayat Act. Because of the aforesaid amendment, the Sub Divisional Officer transferred the matter to the Chief Executive Officer. Upon receiving the record, the Chief Executive Officer issued a fresh notice to the petitioner on 19.05.2017 and fixed the case for his appearance on 29.06.2017.

(3.) Petitioner submitted a detailed reply denying the allegations levelled against him. Vide order dated 09.04.2018 the Chief Executive Officer has found both the charges proved against the petitioner and removed him from the post of Sarpanch in exercise of powers under section 40(1)(a) of the Panchayat Act and also declared him disqualified for contesting election for the next 6 years in exercise of powers under section 40(2)(1) of the Panchayat Act.