Madhya Pradesh High Court
Bhola Singh Gond vs The State Of Madhya Pradesh on 16 January, 2019
1 WP-28122-2018
The High Court Of Madhya Pradesh
WP-28122-2018
(BHOLA SINGH GOND Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 16-01-2019
Mr.I.S.Yadav, learned counsel for the petitioner.
Mr.Subodh Kathar, learned Government Advocate for the
respondent/State.
Mr.Rakesh Dwivedi, learned counsel for the intervener. Vide order dated 06.12.2018, this Court had requested the respondent no.2 to decide the statutory appeal filed by the petitioner against the order dated 26.11.2018 passed by the respondent no.4, the Chief Executive Officer of Zila Panchayat Sidhi, District-Sidhi, whereby the petitioner was removed from the post of Surpanch on the basis of an inquiry conducted by the respondent no.4 allegedly in relation to embezzlement fund. The petitioner moved an appeal before the respondent no.2 against the said order. He had also prayed for interim relief in the form of stay of the impugned order passed by the respondent no.4 during the pendency of the appeal. The respondent no.2 dismissed the said application for interim stay on the ground that as the allegations pertain to financial irregularities, the balance of inconvenience was not in favour of the petitioner.
Learned counsel for the petitioner has placed before this Court the order of a co-ordinate Bench of this Court passed in the case of Amritlal Jaiswal Vs. State of M.P. and Others, 2008 (III) MPWN 108. In that case, in near identical circumstances, where two surpanches were removed from the post on ground of financial irregularities by the Collector and their appeal was pending before the Commissioner and stay was refused. This Court in paragraph-6 of that case had observed that the petitioners who have been democratically elected to the post and their removal therefrom cannot be treated lightly. This Court further held in that case "the holding of a democratic office by a citizen is not only the very foundation of the Digitally signed by RAVIKANT KEWAT Date: 17/01/2019 12:35:46 2 WP-28122-2018 democracy but is also a constitutional right. "
As the order dated 06.12.2018 had requested the respondent no.2 to complete the appellate proceedings within a period of three weeks and had listed the case for today. This Court has been informed that the said appeal has not yet been disposed of andd, therefore, the petition is allowed and the impugned order passed by the respondent no.4 removing the petitioner from the post of Surpanch of Gram Panchayat Mata vide order dated 26.11.2018 is stayed till the final disposal of the appellate proceedings pending before the respondent no.2.
With the above, the petition is finally disposed of. C.C as per rules.
(ATUL SREEDHARAN) JUDGE rk.Digitally signed by RAVIKANT KEWAT Date: 17/01/2019 12:35:46