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2009 Supreme(MP) 320

A.K.MISHRA, SUSHMA SHRIVASTAVA
Manita Jaiwar – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sharad Verma for petitioner;
Ashok Agrawal, Government Advocate for respondents No.1 to 3;
Praveen Dubey for respondent No.5;Shreyas Pandit for intervener.

ORDER

Mishra, J. -- 1. The petitioner in the instant writ petition has assailed the order (P-3) passed by SDO on 6.12.2006, order (P-4) dated 29.1.2007 passed by Collector, District Balaghat and order (P-9) dated 5.5.2007 passed by Commissioner, Jabalpur Division, Jabalpur, in the matter of removal of the petitioner from the post of Sarpanch of Gram Panchayat Hatta, District Balaghat.

2. The removal of the petitioner has been ordered from the post of Sarpanch on having been found guilty of the charges levelled against her in the show cause notice (P-1) dated 16.5.2006. A complaint dated 27.3.2006 was received which was referred for enquiry to the Chief Executive Officer, Janpad Panchayat, Balaghat, who after conducting enquiry submitted a report on 13.4.2006. In the report petitioner was found guilty of financial irregularities. On the basis of aforesaid report, show cause notice 16.5.2006 was issued, reply thereto was submitted before SDO who is the competent authority. During the course of the proceedings under section 40 of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam of 1993'), the statement of Enquiry Officer had been record
















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