Back
RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
SURESH KUMAR – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER PURUSHAINDRA KUMAR KAURAV, J. : – This intra Court appeal takes exception to order dated 20-1-2022, passed by the learned Single Judge in Writ Petition No. 16440 of 2020, whereby, petition filed by the appellant-petitioner has been dismissed.
2. The facts of the case are that the appellant-petitioner was elected as Sarpanch of Gram Panchayat Karondi Tola, Janpad Panchayat Manpur, District Shahdol for a period of five years from 2015 till March, 2020. Since the election could not take place before expiry of the duration of Panchayat, therefore, on 8-3-2020, the State Government in exercise of power conferred under section 87(3)(b) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short “Act of 1993) directed that all powers and duties of the Panchayat shall, until the Panchayat is reconstituted, be exercised and performed by the Committee of persons. The State Government also decided that the Head of the Committee would be the outgoing Sarpanch who was holding the post of Sarpanch on the date of expiration of the term of five years. In pursuance to the directions dated 8-3-2020, the appellant was appointed as “Pradhan” of the Administrative Committee. O
The Court clarified the applicability of section 87 and section 40 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 in the context of the dissolution of the Panchayat and the remo....
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
Violation of natural justice principles due to failure to provide key evidence and opportunity to contest allegations under the Panchayat Raj Adhiniyam.
The removal of elected office-bearers requires adherence to principles of natural justice and statutory enquiry provisions.
Violation of principles of natural justice in administrative proceedings under Section 40 of the Panchayat Raj Adhiniyam, 1993.
The central legal point established in the judgment is the mandatory requirement of conducting an enquiry and providing an opportunity to show cause before removing an office bearer under Section 40(....
The appointment as Head of the Administrative Committee does not confer a statutory right and may be altered by the State Government as needed.
Mandatory notice to the panchayat in an inquiry under Section 39(1) of the Maharashtra Village Panchayats Act is essential, and failure to comply renders the inquiry report and subsequent orders inva....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
