- (1.)The petitioner is aggrieved with the orders dated 16/3/2018 passed by the CEO and Competent Authority, District Panchayat, Khargone (respondent No.2) u/S.40 of the M.P. Panchayati Raj Evam Gram Swaraj Adhiniyam, 1993 removing the petitioner from the post of Sarpanch. Petitioner is also aggrieved with the appellate order dated 7/12/2018 passed by the Commissioner.
(2.)The facts in nut shell are that the petitioner was elected as Sarpanch, Gram Panchayat, Khoi in the year 2015. A show cause notice dated 18/10/2017 was issued to the petitioner by the respondent No.2 u/S.40 of the Act on the allegation that one Smt. Champabai on the basis of the fabricated document by concealing her caste and misleading the Sarpanch and Secretary of the Panchayat had obtained the caste certificate in respect of Scheduled Tribe. The petitioner had filed the reply dated 31/10/2017 stating that by misleading, Champabai had got the caste certificate prepared which was illegal, therefore, the certificate was cancelled. Petitioner had further clarified that her signatures were taken on the basis of incorrect document. Thereafter the respondent No.2 had got the enquiry done and recorded the statement of witnesses and had passed the order dated 16/3/2018 removing the petitioner from the post of Sarpanch. Against this order, appeal preferred by the petitioner has been dismissed by the Commissioner by order dated 7/12/2018.
(3.)Learned counsel for petitioner submits that the respondent No.2 had not conducted the enquiry as required by Sec.40 of the Act. He submits that the order has been passed on the basis of the enquiry report dated 15/12/2017 Annexure P/8 submitted by the CEO, Janpad Panchayat who was not competent to conduct the enquiry. He further submits that the petitioner had not issued the caste certificate and that it is at the most a case of negligence, hence does not fall within the purview of misconduct u/S.40 of the Act.