SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(MP) 785

1998 (2) JLJ 303
Dipak Misra, J.
Ballabh Das Satal v. State of M.P. and others
W.P. No. 2466 of 1997; Decided on 18.11.1997.

Headnote:V.K. Tankha for petitioner; Mrs. Shobha Menon for respondents.

       (1) Panchayat Raj Adhiniyam, 1993 (M.P.) -- S. 39 (2) -- order of suspension not confirmed by State Government within prescribed time of 90 days -- it is deemed to have been vacated. [Para 6

       (2) Panchayat Raj Adhiniyam, 1993 (M.P.) -- Ss. 39 (1) and (2) -suspension of office bearer by prescribed authority and confirmation of the same by State Government -- no hearing opportunity need be given to incumbent -suspension is of interim nature. [Para 7

       (3) Panchayat Raj Adhiniyam, 1993 (M.P.) -- S. 40 -- removal of office bearer under -- principles of natural justice have to be complied with -- full fledged enquiry had to be held. [Para 7

       (4) Panchayat Raj Adhiniyam, 1993 (M.P.) -- S. 39 (2) -- confirmation of suspension order by State Government u notice of hearing issued to incumbent office bearer -- passing of the order of confirmation even prior to date fixed for hearing -- such order is vulnerable" on this count alone. [Paras 7 & 8

       ¼1½ iapk;r jkt vf/kfu;e] 1993 ¼e-iz-½ && /kkjk 39 ¼2½ && fuyacu vkns‘k jkT; ljdkj }kjk 90 fnol ds fofgr le; ds Hkhrj iq"V ugha fd;k x;k && ;g fu"izHkkoh le>k tk,xkA ¿ iSjk 6À

       ¼2½ iapk;r jkt vf/kfu;e] 1993 ¼e-iz-½ && /kkjk 39 ¼1½ rFkk ¼2½ && fofgr izkf/kdkjh }kjk in/kkjh dk fuyacu rFkk jkT; ljdkj }kjk mldh iqf"V && in/kkjh dks lquokbZ dk volj miyC/k djk;k tkuk vko‘;d ugha && fuyacu varfje Lo:i dk gSA ¿ iSjk 7À

       ¼3½ iapk;r jkt vf/kfu;e] 1993 ¼e-iz-½ && /kkjk 40 && in/kkjh dk gVk;k x;k && uSlfxZd U;k; ds fl)karksa dk vuqikyu fd;k tkuk gksxk && iw.kZ tk¡p dh tkuk gksxhA

       ¿ iSjk 7À

       ¼4½ iapk;r jkt vf/kfu;e] 1993 ¼e-iz-½ && /kkjk 39 ¼2½ && fuyacu vkns‘k dh jkT; ljdkj }kjk iqf"V && in/kkjh dks lquokbZ dh lwpuk tkjh && iqf"V dk vkns‘k] lquokbZ ds fy, fu;r fnukad ds Hkh iwoZ ikfjr && ,slk vkns‘k bl dkj.k ek= ls nks"kiw.kZ gSA ¿ iSjk 7 rFkk 8À

ORDER

1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of appropriate writ for quashment of the notice dated 12.6.97 (Annexure P-7), the order of suspension dated 19.6.97 (Annexure P-9) and the confirmation thereof by order dated 2.9.97 (Annexure P-20) all actions taken under Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Act') and for such other ancillary reliefs to which the petitioner is entitled to.

2. Sans unnecessary details the facts which are essential for disposal of the present writ petition may be stated thus :--

The petitioner was elected as Sarpanch of Village Panchayat Bankhedi, Pipariya in the district of Hoshangabad in the election held in May 1994. The aforesaid Panchayat comprises of 20 elected members and a Sarpanch. As 10 out of the 20 elected Panchas of the Panchayat continuously absented themselves from the meetings of the Panchayat Committee, they incurred the disqualification to continue as office bearers of the Panchayat by virtue of the provisions envisaged under section 36 (2) (c) of the Act. This fact was brought to the notice of the Collector, Hoshangabad, the respondent No.2, by the petitioner by his letter dated 30.8.95. As the District Collector showed no inclination to take action in-spite of the timely information, the petitioner under compelling circumstances had to tap the doors of this Court in a writ petition No. 2129/96 seeking therein issuance of a writ in the nature of mandamus commanding the Collector to take a final decision in the matter of disqualification of the said elected members. This Court by order dated 26.6.96 issued a direction to the Collector, Hoshangabad to dispose of the matter relating to disqualification of the Panchas within a period of four weeks from the date of the order. Thereafter the Collector passed an order on 13.3.97 in Revenue Case No. 181-B/121/95-96 disqualifying the 9 Panchas and the Up-Sarpanch from being the office bearer of the Gram Panchayat. The defensibility of the said order was called in question by the aggrieved Panchas in an appeal under section 36 (4) of the Act before the Additional Commissioner, Hoshangabad who passed a conditional stay order in favour of the appellants therein. As the petitioner was the main initiator, the dissatisfied members in a collective manner engaged themselves in making false and frivolous complaints against the petitioner before the Sub-Divisional Officer (Revenue), Pipariya, the respondent No.3. According to the petitioner the said SDO had an axe to grind against him as he (the SDO) wanted to do a favour to one Shri Ramvilas in regard to grant of permanent lease of some land situated near bus stand of Bankhedi but the said action of the SDO was not supported by the Gram Panchayat. This had irked the SDO, Pipariya who had borne it silent grudge against the petitioner. Therefore, after he received complaints against the petitioner, without making any preliminary inquiry with regard to correctness of the allegations, he issued a show cause notice dated 12.6.97 under section 40 of the Act along-with a charge-sheet. In the said show cause notice it was mentioned that Chief Executive Officer, Janpad Panchayat Bankhedi had submitted an inquiry report to the effect that on examination of records with reference to the complaints of the Panchas it was found there were irregularity in the functioning of the Village Panchayat and, therefore the petitioner was required to submit his reply to the show cause notice in promptitude. After receipt of the said show cause notice the petitioner submitted his reply on 17.6.97 denying the charges levelled against him and sought time to reply in detail to the charges as he was not equipped to file the detailed reply in absence of the documents, the complaints and the preliminary report. Without considering the preliminary reply submitted by the petitioner,





































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top