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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
MANINDER S. BHATTI
Santosh Kumar Rathore – Appellant
Versus
tate Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of removal and appeals process (Para 2 , 3 , 4) |
| 2. petitioner's arguments against removal orders (Para 5 , 6 , 7 , 8) |
| 3. arguments from the state regarding finality of orders (Para 9 , 10 , 11) |
| 4. court's observations on proceedings and orders (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. conclusion: dismissal of petition (Para 21) |
ORDER :
MANINDER S. BHATTI, J.
This petition has been filed while praying for the following reliefs:
"(i) That, this Hon'ble Court pleased to issue a writ in the nature of certiorari by quashing the impugned order dated 25/08/2008 (Annexure P/23) of respondent No.2 being illegal, arbitrary, malafide and uncostitutional.
(ii) That this Hon'ble Court be further pleased to issue a writ in the nature of mandamus, directing to respondents to handover the charge of the post of Panchayat Karmi to petitioner in view of order dated 04/01/2008 of the appellate committee and appointment of respondent No.6 be quashed.
(iii) That, this Hon'ble Court also pleased to issue a writ in the nature of certiorari/orders of Gram Sabha/Gram Panchayat by in illegal and arbitrary and un-constitutional manner.
(iv) Any other order/direction whi
A subsequent removal order not contested by the petitioner nullifies prior claims, emphasizing the duty to disclose all relevant past orders in administrative appeals.
Appointments must adhere to merit as per statutory provisions; majority votes cannot override this requirement.
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
The appointment as Head of the Administrative Committee does not confer a statutory right and may be altered by the State Government as needed.
The appointing authority can serve as the disciplinary authority under the amended Grama Panchayat Act, as per the provisions of the Act and OCS Rules.
Authority must follow procedural safeguards in removal of Panchayat officials, emphasizing correct legislative provisions.
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