The appointment as Head of the Administrative Committee does not confer a statutory right and may be altered by the State Government as needed.

1. Petitioner has filed the present petition being aggrieved by the order dated 10.7.2020 passed by Collector, Neemuch removing her from the post of Head of the Administrative Committee (i.e. Pradhan) and the charge has been given to Smt. Dhapubai and the order dated 5.10.2020, Commissioner, Ujjain Division whereby the appeal filed by her has been dismissed.

2. Facts of the case : -
Petitioner was elected as Sarpanch of the Gram Panchayat Alhed, Janpad Panchayat Manasa in the Panchayat election held in the year 2015. That all the panchayats in the State of Madhya Pradesh have completed normal tenure of 5 years but the elections could not be held due to the Covid - 19 epidemic, therefore, by way of alternative arrangement in exercise of powers conferred under S.87(3)(b) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as ''the Panchayat Act'') the Govt. has decided to constitute an administrative committee each in all the panchayats. Vide letter dated 08.03.2020 a directions were issued to all the Collectors of the district to constitute an Administrative Committees under S.87(3)(b) of the Panchayat Act in each Panchayats in which all the office bearers whose term is over shall be the members in the committee and the erstwhile Sarpanch of the Gram Panchayat shall be Head of the administrative committee. Two more persons from the local voter list be nominated as members of the committee. The Head of the administrative committee and the Secretary of the panchayat shall be authorized to operate the bank accounts till new elections are held. In compliance of the aforesaid Circular, an administrative committee has been constituted in the Gram Panchayat Alhed and the petitioner being the Sarpanch became the Head of the administrative committee.

4. On the basis of a complaint, a show - cause notice dated 8.1.2020 under S.40 of the Panchayat Act was issued to the petitioner while she was holding the post of sarpanch. The petitioner submitted her reply to the said show - cause notice on 10.1.2020. That before proceeding with the complaint the Chief Executive Officer has obtained the report from the Assistant Engineer who submitted its report on 1.2.2020. During pendency of the enquiry the term of the Gram Panchayat has come to an end and in compliance with the circular dated 8.3.2020, the petitioner has been nominated as Head of the Administrative Committee. On receipt of the reply of the petitioner and report of submitted by the Assistant Engineer, the Chief Executive Officer, Zila Panchayat Neemuch passed an order dated 16.6.2020 giving adverse findings against the petitioner and also recommended for the removal the charge of Pradhan and the appointment of some other Panchayat member as Pradhan of the Panchayat. In furtherance of the aforesaid order, Collector, Neemuch has passed the order dated 10.7.2020 removing the petitioner from the post of Pradhan and appointed Smt. Dhapubai as Pradhan of the Administrative Committee.

5. Against the aforesaid order of Collector, Neemuch, the petitioner preferred an appeal before the Commissioner, Ujjain Division. Learned Commissioner vide order dated 5.10.2020 has dismissed the appeal, hence the present petition before this Court.

6. Smt. Dhapubai, who has been made the Head of the administrative committee has filed the caveat in order to oppose the interim relief .

7. Shri Manoj Manav, learned counsel for the petitioner submits that once the petitioner has been appointed as Sarpanch of the Gram Panchayat then by virtue of S.87 of the Pachayat Act she has a right to continue as the head of the administrative committee till the new elections are h