BANSMANI PRASAD VEERBHADRA SHUKLA Vs. STATE OF M P AND OTHERS

JUDGEMENT

(1.) The petitioner, Bansmani Prasad, was elected Panch of the Gram Panchayat, Kailashpur, in 1970. He was thereafter elected a member of the Janapada Panchayat Hanumana. He was subsequently elected President of the Janapada Panchayat. By an order passed by the State Government on 12th May 1976 the petitioner was removed from the office of President as also from the membership of the Janapada Panchayat. The petitioner then filed this petition under Article 226 of the Constitution challenging this order.

(2.) It appears that an ex parte inquiry was held against the petitioner by the Additional Collector, Rewa, as a result of which the State Government framed seven charges. A notice was issued to the petitioner on 24th January 1976 calling upon him to show cause why he should not be removed from the office of President as also from the membership of Janapada Panchayat. Along with this notice, some particulars of the charges were also enclosed. The petitioner denied the charges and submitted his reply on 26th February 1976. The State Government then passed the impugned order on 12th May 1976. This order recites that as a result of the inquiry made by the Additional Collector, the petitioner was essentially found guilty of the following charges:

(3.) The petitioner's grievance is that in passing the order of removal he was not afforded proper opportunity to show cause as is contemplated by the proviso to sub-section (1) of section 116 of the Madhya Pradesh Pancha-yats Act. The proviso referred to here requires that "no member, President or Vice President shall be removed unless he has been given an opportunity to show cause why he should not be removed from his office."