- (1.)Shri Shivendra Singh, learned counsel for the petitioner. Shri M.P.S. Raghuwanshi, learned Additional Advocate General for the respondents. With the consent of the parties, the matter is heard finally.
(2.)In this writ petition, the petitioner has challenged the validity of the order dated 16-11-2010 by which Collector has directed the Sub-Divisional Officer to take action for removal of the petitioner under section 40 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Act).
(3.)Facts giving rise to the filing of the writ petition briefly stated are that the petitioner was elected as Sarpanch of Gram Panchayat, Mevli, District Datia on 11-2-2010. It is the case of the petitioner that she belongs to reserved category and since in the elections, she defeated the candidate for the post of Sarpanch belonging to the rival group to which the Secretary of the Gram Panchayat belongs, he is not cooperating with the petitioner and is not handing over the records. It has been averred in the writ petition that petitioner has made several complaints to the authorities which have been annexed as Annexure P/5 with the writ petition, however, instead of taking any action on the complaints submitted by the petitioner, the Collector by order dated 16-11-2010 has directed the Sub-Divisional Officer that since on account of personal dispute, the petitioner is not taking interest in the work of Gram Panchayat and implementation of various welfare schemes, therefore, the action for her removal should be taken under section 40 of the Act.