Madhya Pradesh High Court
Smt Guddi vs The State Of Madhya Pradesh on 18 March, 2021
Author: Anand Pathak
1 WP-5000-2021
The High Court Of Madhya Pradesh
WP-5000-2021
(SMT GUDDI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
2
Gwalior, Dated : 18-03-2021
Shri N.K.Gupta, learned Senior Counsel with Shri S.D.Singh, counsel
for the petitioner
Shri G.P.Chaurasiya, learned Government Advocate for
respondent/State.
Heard on admission and interim relief.
At the outset, counsel for the petitioner informs this Court that
respondent No.2 and 3 have been served Humdast and respondent No.4 has
refused to accept notice. Affidavit in this regard has been filed.
It is the submission of counsel for the petitioner that on her complaint
an enquiry was conducted against respondent No.4 who was Sarpanch of
Gram Panchayat Khera, Shyampura, Janpad and Zilapanchayat Bhind at the
relevant point of time and vide enquiry report dated 21.10.2020 (Annexure P-
3) certain irregularities were found to be allegedly committed by the Sarpanch
(Respondent No.4 herein). On the basis of said report, vide order dated
15.02.2021 passed by the Collector District Bhind, respondent No.4 was
immediately removed purportedly under Section 87(3)(b) of The Madhya
Pradesh (Panchayat Raj Avam Gram Swaraj) Adhiniyam 1993. Since term of
the Panchayat is over under the relevant provision as referred above, he was
appointed as Chief of Administrative Committee of concerned Gram
Panchayat.
The grievance of the petitioner is that after removal order (Annexure P-
4) passed by the Collector District Bhind, respondent No.4 preferred an
appeal before the Commissioner Chambal Division Morena and meanwhile
present petitioner also filed a caveat so that before passing the impugned
order, Commissioner was required to hear the petitioner but instead of giving
audience, Appellate Authority proceeded to hear the matter on admission and
2 WP-5000-2021
interim relief and stayed the order of Collector resulting into restitution of
respondent No.4 over the post on which he was already removed by the
District Collector. Such interim relief was in the nature of final relief and very
conspicuously the Appellate Authority vide order dated 24.02.2021
(Annexure P-1) placed the matter on 04.05.2021.
He relied upon the order dated 26.05.2017 passed by the Division
Bench in the case of Nagar Palika Parishad Dabra Vs. Smt.
Satyaprakashi Parsedia & Anr. passed in W.A.No.261/2017.
According to him, interim relief in the nature of final relief cannot be
granted to the appellant that too ignoring the caveat filed by the petitioner.
Counsel for the respondent/State opposed the prayer and prayed for
time for filing the reply.
Heard.
It is trite that any interim relief which has tenure and texture of
final/substantial relief ought not to be granted. Plethora of judgments of Apex
Court are available in this regard. (See:-)
"Samaries Trading Company Pvt. Ltd. v. S.
Samuel & Ors.reported in AIR 1985 SC 61,
reported in AIR 1984 SC 653, Titagur Paper
Mills Co. Ltd. State of Orissa reported in AIR
1983 SC 603,Union Of India v. Oswal Woollen
Mills Ltd., reported in AIR 1984 SC 1264,
Union of India v. Jain Shud Vanaspati and
Assistant Collector of Central Excise
Chandan Nagar, West Bengal Vs Dunlp India
Ltd. & others reported in AIR 195 SC 330."
Learned counsel for the State is directed to file reply within three weeks
As an interim measure, effect and operation of impugned order dated
24.02.2021 passed by Commissioner Chambal Division, Morena shall be kept
in abeyance meaning thereby that respondent No.4 shall be treated as
removed and shall not be allowed to function as Chief of Administrative
Committee, Gram Panchayat Khera, Shyampura, Janpad and Zilapanchayat
Bhind in any manner and respondent No.2 and 3 shall supervise the work of
3 WP-5000-2021
concerned Gram Panchayat with the help of Panch/Members of
Administrative Committee of Gram Panchayat Khera, Shyampura till next
date of hearing.
List the matter in the week commencing 19.04.2021.
(ANAND PATHAK)
JUDGE
Ashish*
ASHISH
CHAURASI
A
2021.03.1
9 14:08:15
+05'30'
