VIJYA DEVI Vs. PREMLATA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order dated 18/9/2018 passed by the State, by which the order passed against the respondent no.1 under Section 40 of the M.P. Panchayat Raj Awam Gram Swaraj Adhiniyam, 1993 (in short "the Adhiniyam 1993") has been set aside and the respondent no.1 has been reinstated as a Member of Zila Panchayat, Ward No.4, Ater, District Bhind.

(2.) The necessary facts for disposal of the present petition in short are that the petitioner had submitted her nomination papers for election for the post of Member, Zila Panchayat, Ward No.4, Ater, District Bhind. It is the case of the petitioner that her name was fraudulently deleted from the voter list, as a result of which, her nomination paper was wrongly rejected by the authority. As the name of petitioner was wrongly deleted from the voter list, therefore, she filed an appeal, which was disposed of by the Collector by order dated 7/1/2015. Being aggrieved by the order of the Collector, the petitioner filed a writ petition before this Court, which was registered as Writ Petition No.700/2015 and the same was dismissed by this Court by order dated 2/2/2015. Thereafter, on the complaint made by the petitioner, the Observer sent his enquiry report that the name of the petitioner was wrongly deleted from the voter list and certain recommendations were made.

(3.) Being aggrieved by the order of the Additional Commissioner, the respondent no.1 filed an appeal before the State Government and the State Government by impugned order dated 18/9/2018 has set aside the order passed by the Additional Commissioner, Chambal Division, Morena on the ground that the respondent no.1 has not done anything warranting her removal under Section 40 of the Adhiniyam 1993.