Gangele, J. -- 1. The appellant has filed this appeal against the order dated 13.7.2012 passed by the learned Single Judge in Writ Petition No.4719/2012 [Published in 2013(1) JLJ 156].

2. The appellant was elected as Sarpanch from Gram Panchayat. A show cause notice dated 6.2.2012 was issued by the Sub-Divisional Authority, Dabra, an authority prescribed under section 40 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the ‘Adhiniyam of 1993’) for removal of office bearers of Panchayat. It is mentioned in the show cause notice that the appellant had made construction of a road and spent Rs.3 lacs on construction out of sanctioned amount of Rs.4,75,000/- unnecessarily. Hence, she had mismanaged the public fund. The appellant filed reply to the show cause notice and denied the allegations. The statements of the witnesses were recorded. Finally the prescribed authority-SDO vide order dated 4.7.2012 ordered removal of the appellant from the post of Sarpanch and further ordered that a recovery of Rs.3 lacs be made from the appellant as an arrears of land revenue.

3. The appellant challenged the aforesaid order in a writ petition on the ground