( 1. ) PETITIONER who is Sarpanch of Gram Panchayat, Kachargaon (Bada), Tehsil Dheemerkheda, District Katni, assails the order of his removal under Section 40 passed by the SDO on the ground that no enquiry in the eye of law was conducted by the SDO and the order of removal has been passed on 25-5-2002, the date which was the national holiday owing to MILAD-UN-NABI.

( 2. ) PETITIONER was directly elected by the voters as Sarpanch of Gram Panchayat, Kachargaon (Bada), Tehsil Dheemerkheda, District Katni. Proceedings under Section 40 of the M. P. Panchayat and Gram Swaraj Adhiniyam, 1993 were initiated. Show-cause notice was issued. Reply was submitted by the petitioner to imputation of charges. Several charges were levelled. Earlier, preliminary enquiry was directed by the Collector to be conducted by Shri B. P. Sahu, Deputy Auditor and the Enquiry Officer, who submitted the report that the petitioner and Ex-Sarpanch of the Kachargaon Gram Panchayat are guilty of charges. Based thereupon a show-cause notice under Section 40 of the Act was issued. Petitioner denied the charges. Enquiry was conducted. Chief Executive Officer, Janpad Panchayat, Dheemerkheda was directed to condu