Madhya Pradesh High Court
Shekh Manjur Khan vs The State Of Madhya Pradesh on 20 March, 2026
Author: Vishal Mishra
Bench: Vishal Mishra
1 WP-8400-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 8400 of 2026
(SHEKH MANJUR KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 20-03-2026
Shri Anshuman Singh - Advocate for the petitioner.
Shri Alok Agnihotri - Government Advocate for the
respondents/State.
Issue notice to the respondents on payment of process fee within seven working days by RAD mode, failing which this petition shall stand dismissed without further reference to the Court.
Heard on the question of interim relief.
Counsel appearing for the petitioner has drawn attention of this Court to Annexure P-7 which is an enquiry report dated 06.01.2025 wherein as many as 12 charges were levied against the petitioner including the charge of granting employment to six persons illegally. The conclusion of the enquiry report shows that the Charges No.2 to 12 were not found proved against the petitioner. It is only Charge No.1 which was found proved against the petitioner which was related to grant of employment to six persons, on the basis of which the impugned order has been passed against the petitioner whereby he has been removed from the post of President of the Municipality. It is argued that when the resolution is taken by the entire body itself for inducting six persons which has been implemented by the authorities, the petitioner cannot be held solely responsible for the same.
Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 20-03-2026 18:46:142 WP-8400-2026 Learned counsel for the petitioner has relied upon the order passed by this Court in Writ Petition No.34618/2025 (Neha Jain Vs. State of Madhya Pradesh and others) dated 20.01.2026 wherein at the time of granting interim relief on 03.09.2025 this Court has taken note of the judgment passed in various cases including the judgments passed by this Court in the cases o f Ajay Kumar Shukla Vs. State of M.P. and others reported in 2019(1) MPLJ 426, Preeti Swapnil Agarwal Vs. State of M.P. and others reported in ILR (2020) MP 364, the judgment passed by the Hon'ble Supreme Court in the cases of Ravi Yashwant Bhoir Vs. District Collector, Raigad and others reported in (2012) 4 SCC 407 and Sharda Kailash Mittal Vs. State of M.P. and others reported in (2010) 2 SCC 319 and has arrived at a conclusion that a duly elected person cannot be thrown out in a casual manner. It can be a irregularity which has been committed by him but it cannot be a ground for removal of a person from the post in question, once he is elected. It is argued that no action has been taken against the others only the petitioner has been targeted.
Considering the judgments passed by this Court as well as the Hon'ble Supreme Court in the aforesaid cases, the petitioner has made out a case for grant of interim relief.
Under these circumstances, the effect and operation of the impugned order dated 26.02.2026 is stayed, till the next date of hearing.
The respondents are directed to permit the petitioner to continue on the post of President of Nagar Parishad Chichli, Tahsil Gadarwara, Gagai (Gangai) District Narsinghpur, till the next date of hearing.
Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 20-03-2026 18:46:143 WP-8400-2026 State counsel is at liberty to file a detailed reply along with the application for vacating stay.
List the matter after four weeks for consideration. Certified copy as per rules.
(VISHAL MISHRA) JUDGE AM Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 20-03-2026 18:46:14