RESHMABAI Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner is aggrieved with the order dated 7 th of November, 2017 passed by respondent No.3 removing the petitioner from the post of Sarpanch, Gram Panchayat, Goganva under Section 40 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 as also the order dated 22nd of February, 2019 passed by the Commissioner dismissing the appeal and affirming the order of removal.

(2.) The case of the petitioner is that she was elected as Sarpanch of the Gram Panchayat, Goganva and show cause notice dated 31/08/2017 was issued for the proposed action under Section 40 of the Act, which was replied by the petitioner on 31/09/2017 but thereafter again another show cause notice dated 11/09/2017 was issued. Some inquiry behind the back of the petitioner was conducted and without giving any proper opportunity, the impugned order of removal was passed which has been affirmed in appeal.

(3.) Whereas the stand of the respondents is that the petitioner has been removed from the post of Sarpanch as there was allegation of defalcation and the removal is after following the due process.