Sukhman Lal Uikey vs The State Of Madhya Pradesh
2022 Latest Caselaw 13586 MP

                                                                  1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                        ON THE 14th OF OCTOBER, 2022

                                                    WRIT PETITION No. 4046 of 2022

                                          BETWEEN:-
                                          SUKHMAN LAL UIKEY S/O SHRI ASHARAM
                                          UIKEY, AGED ABOUT 40 YEARS, OCCUPATION:
                                          GRAM SARPANCH, R/O VILLAGE PUNWARA
                                          KHURD, P.S.DHUMA, TEH.LAKHNADON, DISTT.
                                          SEONI (MADHYA PRADESH)

                                                                                             .....PETITIONER
                                          (NONE)

                                          AND
                                  1.      THE STATE OF MADHYA PRADESH THROUGH
                                          PRINCIPAL SECRETARY PANCHAYAT AND
                                          RURAL DEV.DEPTT.   VALLABH   BHAWAN
                                          BHOPAL (MADHYA PRADESH)

                                  2.      COLLECTOR, OFFICE OF COLLECTOR, SEONI
                                          DISTT. SEONI (MADHYA PRADESH)

                                  3.      CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
                                          SEONI DISTT. SEONI (MADHYA PRADESH)

                                  4.      CHIEF   EXECUTIVE  OFFICER   JANPAD
                                          PANCHAYAT    LAKHNADON DISTT. SEONI
                                          (MADHYA PRADESH)

                                  5.      TAH S I LD AR TAHSIL LAKHNADON,        DISTT.
                                          SEONI (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                                          (BY SHRI JITENDRA SHRIVASTAVA, PANEL LAWYER)

                                        This petition coming on for hearing on this day, the court passed the
                                  following:
Signature Not Verified
  SAN
                                                                   ORDER

Digitally signed by TULSA SINGH Date: 2022.10.14 18:23:44 IST It is submitted that this case is squarely covered by a decision of

Coordinate Bench dated 23rd August, 2022 passed in W.P. No.9133/2022 whereby due to non-compliance of the provisions contained in Section 89 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and placing reliance on the judgment of Division Bench of this Court at Indore in W.A. No.949/2021 (State of M.P. and others Vs. Ku. Preeti Patidar and others) decided on 12/01/2022, impugned order be quashed and the matter be remanded back to the competent authority to take appropriate action in accordance with law.

In view of aforesaid, impugned is quashed and the matter be remanded back to the competent authority to take appropriate action in accordance with la w after following the procedure prescribed under the M.P. Panchayat Raj

Avam Gram Swaraj Adhiniyam, 1993 and giving proper opportunity of hearing to the petitioner and holding a proper enquiry as contemplated under Section 89 of the Adhiniyam.

Let the aforesaid exercise be completed within a period of 90 days from the date of receipt of certified copy of the order being passed today.

With the aforesaid directions this petition is disposed of.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2022.10.14 18:23:44 IST