Madhya Pradesh High Court
Smt. Laxmi Bai vs Smt. Laxmi Devi on 22 November, 2017
1
W.A. No. 1122/2017
Gwalior, Dated : 22.11.2017
Shri Prashant Sharma, learned counsel for the
appellant.
Shri D.K. Katare, learned counsel for the respondent
No.1 on advance notice.
Shri Raghvendra Dixit, learned Government Advocate for the respondents/State.
Notice on behalf of respondents No. 2 to 5 are waived by learned Government Advocate.
Let two sets of petition along with its documents be served on learned Government Advocate.
Notice be issued to the respondent No.6 on payment of process fee within three days by Registered AD and be made returnable within four weeks.
Heard on I.A. No. 16271/2017.
Taking into consideration the stipulation contained in Sub Section 3 of Section 40 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, which provides:
"[3] Prescribed authority has no jurisdiction to pass order of removal of Sarpanch beyond period of 120 days. Proviso to Section 40 (1) (c) is mandatory in nature. 2013 (2) JLJ 84 Relied on. Santosh Raghuvanshi v. State of M.P., 2013 (2) MPWN 28 (DB)".
The operation of impugned order dated 10.11.2017 passed in writ petition No. 18814/2017 to the extent of staying the orders dated 23.10.2017 and 31.10.2017 is stayed. In other words, the orders dated 23.10.2017 and 31.10.2017 shall remain in operation during pendency of the writ petition.
List in the week commencing from 18.12.2017. Certified Copy as per Rules.
(Sanjay Yadav) (S.K. Awasthi) Aman Judge Judge