VIVEK RUSIA
Rosan Nargave – Appellant
Versus
State of M. P. – Respondent
Vivek Rusia, J.
With the consent of parties, petition is heard finally.
Petitioner No.1 who is the Secretary of Gram Panchayat, Dhamnai and petitioner No.2 who is the Ex-Sarpanch of Gram Panchayat, Bomya approached this Court being aggrieved by the order dated 8.10.2015 passed by S.D.O (Revenue), the Prescribed Authority, Badwani by which petitioners have been directed to deposit the amount of Rs.3.79 lacs within thirty days. The aforesaid order was passed under section 92 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Panchayat Act').
2. That it has been alleged against the petitioners that during their tenure the work of construction of toilets were awarded to the Panchayat and during this tenure while working as Sarpanch and Secretary they did not construct 100 toilets for which an amount of Rs.4,60,000/- was sanctioned. It is alleged that while working as Sarpanch and Secretary they withdrew an amount of Rs.3.79 lacs. They were required to be utilized for constructing 82 toilets at the rate of Rs.4600/- which they did not construct. The Chief Executive Officer, Zila Panchayat has constituted an inspection committee whic
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