D.M.DHARMADHIKARI
Kaushal Prasad Kashyap – Appellant
Versus
State Of M. P. And Ors. – Respondent
D.M. Dharmadhikari, J.
1. The petitioner has been suspended from the office of Sarpanch of Gram Panchayat, Salkhan in Tahsil Janjgir, district Bilaspur under Section 39(1) of the M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the 'the Act'), by impugned order dated 6-2-1998 (Annexure. P. 1).
2. The order of suspension requires confirmation by the State Government under Section 39(2) of the Act and the said suspension has been confirmed by order passed by the Additional Collector dated 18-5-1998 (Annexure. P.2). The main ground urged in assailing the order of suspension by the learned counsel Shri Prashant Singh for the petitioner is that in accordance with Section 39(2) of the Act the power of confirmation has not been exercised by the State Government. The State Government in exercise of powers of delegation under Section 93 of the Act has delegated the said power of confirmation to the Collector by notification published in M.P. Raj Patra dt. 2-2-1998. The contention advanced on behalf of the petitioner is that the power of State Government delegated to the Collector could not be validly exercised by the Additional Collector and, therefore, the suspension in th
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