Sandeep Chouhan Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1045129
CourtMadhya Pradesh High Court
Decided OnDec-13-2012
AppellantSandeep Chouhan
RespondentThe State of Madhya Pradesh
Excerpt:
w.p.no.20845/2012 (sandeep chouhan vs.state of m.p.& ors.) 13.12.2012 heard shri sushil mishra, learned counsel for the petitioner on the question of admission and interim relief. the petitioner has filed this petition being aggrieved by order dated 23.11.2012 passed by the respondent no.2, additional commissioner, jabalpur division, jabalpur, wherein he has quashed the order dated 05.07.2012 and 11.04.2012 passed by the additional collector, chhindwara and the sub-divisional officer, junnardeo, disitrict chhindwara respectively, by which the respondent no.6 had been removed from the post of sarpanch of gram panchayat datlawadi, janpad panchayat junnardeo. admittedly the impugned order is revisionable before the state under the madhya pradesh panchayat (appeal and revision) rules, 1995 as has been held by a division bench of this court in w.p.no.21567/2011 decided on 06.02.2012. in view of the aforesaid, the petition filed by the petitioner is disposed of with liberty to the petitioner to assail the same before the competent forum in accordance with law. the learned counsel for the petitioner at this stage submits that the second revisional authority w.p.no.20845/2012 (sandeep chouhan vs.state of m.p.& ors.) be directed to pass emergent orders on the revision filed by him before it. the prayer made by the learned counsel for the petitioner is accepted and it is observed that in case the petitioner taken up the same before the state within 15 days alongwith a copy of the order passed today and a copy of the petition, the matter shall be taken up by the revisional authority and orders on the application for stay filed by the petitioner alongwith the revision in accordance with law as expeditiously as possible. with the aforesaid liberty/observations, the petition filed by the petitioner stands disposed of. c.c.as per rules. (r.s.jha) judge gn
Judgment:

W.P.No.20845/2012 (Sandeep Chouhan Vs.State of M.P.& ors.) 13.12.2012 Heard Shri Sushil Mishra, learned counsel for the petitioner on the question of admission and interim relief.

The petitioner has filed this petition being aggrieved by order dated 23.11.2012 passed by the respondent No.2, Additional Commissioner, Jabalpur Division, Jabalpur, wherein he has quashed the order dated 05.07.2012 and 11.04.2012 passed by the Additional Collector, Chhindwara and the Sub-Divisional Officer, Junnardeo, Disitrict Chhindwara respectively, by which the respondent No.6 had been removed from the post of Sarpanch of Gram Panchayat Datlawadi, Janpad Panchayat Junnardeo.

Admittedly the impugned order is revisionable before the State under the Madhya Pradesh Panchayat (Appeal and Revision) Rules, 1995 as has been held by a Division Bench of this Court in W.P.No.21567/2011 decided on 06.02.2012.

In view of the aforesaid, the petition filed by the petitioner is disposed of with liberty to the petitioner to assail the same before the competent forum in accordance with law.

The learned counsel for the petitioner at this stage submits that the second revisional authority W.P.No.20845/2012 (Sandeep Chouhan Vs.State of M.P.& ors.) be directed to pass emergent orders on the revision filed by him before it.

The prayer made by the learned counsel for the petitioner is accepted and it is observed that in case the petitioner taken up the same before the State within 15 days alongwith a copy of the order passed today and a copy of the petition, the matter shall be taken up by the revisional authority and orders on the application for stay filed by the petitioner alongwith the revision in accordance with law as expeditiously as possible.

With the aforesaid liberty/observations, the petition filed by the petitioner stands disposed of.

C.C.as per rules.

(R.S.Jha) Judge gn