KHAJRIBAI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 11.12.2014, passed by the Sub Divisional Officer, Jobat, District Alirajpur passed under Section 40 and 92 of the Madhya Pradesh Panchayat Rajya and Gram Swaraj Adhiniyam, 1993 (for short, hereinafter referred "Act of 1993") whereby the petitioner has been declared disqualified to contest the election of Panchayat for the period of 6 years and recovery of Rs.40,96,900/- has been ordered. The petitioner preferred an appeal against the said order, but same has been dismissed vide order dated 28.07.2017, passed by the Additional Commissioner. Both the orders are under challenge in this petition.

(2.) The petitioner was elected as Sarpanch of Gram Panchayat, Baladmung. During the tenure of 5 years, Sarpanch of Gram Panchayat was allotted various development work under Panch Parmeshwar Scheme, B.R.G.F., Nirmal Bharat etc. The then Chief Executive Officer of Janpad Panchayat, Jobat obtained report from the Assistant Engineer & Sub-Engineer in respect of the construction work done in the Panchayat during the tenure of the petitioner.

(3.) On the basis of the said report, the proceedings under Section 40 & 92 of the Act of 1993 have been initiated against the petitioner. A show cause notice dated 20.11.2014 was issued to the Sarpanch & Secretary Patal Singh. The petitioner submitted a detailed parawise reply. After considering the reply and the report submitted by the two members committee, the SDO has removed the petitioner from the post of Sarpanch in exercise of power under Section 40 and also disqualified her to contest the election for the period of 6 years. Patal Singh has also been removed from the post of Secretary. Simultaneously, the SDO has also passed an order under Section 92 of the Act of 1993 for recovery of the amount of Rs.40,96,900/- from the petitioner as well the Secretary.