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2008 Supreme(MP) 560

A.K.GOHIL, RAJENDRA MENON
Gram Panchayat Bamrol – Appellant
Versus
Jagdish Singh Rawat – Respondent


Advocates:
Vivek Jain for appellant; Arvind Dudawat for respondent No.1; Vivek Khedkar, Government Advocate for respondents No.2, 3, 4 and 5.

JUDGMENT


Gohil, J. -- 1. The appellant has filed this writ appeal under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 29.8.2007 passed by the learned Single Judge in Writ Petition No. 2941/04 (S).

2. Brief facts of the case are that the respondent No.1 was appointed as Panchayat Karmi and thereafter he was also notified as Panchayat Secretary by the prescribed authority i.e. the Collector. A show cause notice was issued to the petitioner/respondent No.1 on 8.7.2004 by Joint Director, Panchayat and Social Welfare that why his powers as Panchayat Secretary be not withdrawn and he be de-notified to function as Panchayat Secretary. Reply of the aforesaid show cause notice was filed and thereafter on the basis of the order given by the Collector, the Joint Director communicated the order on 20.7.2004 denotifying the powers of the respondent No. 1 as Panchayat Secretary. Appeal against the aforesaid order was preferred before the Commissioner, Gwalior Division, Gwalior under section 91 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993, (hereinafter shall be referred as 'Adhiniyam 1993'), which w














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