BALMIK PRASAD RAM PIYARE BRAHMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against the order of the Collector, Rewa, respondent No. 2, removing the petitioner from the office of the Sarpanch of the Gram Panchayat, Choura,

(2.) IT appears that the petitioner recovered some donations, consisting of cash and kind, from the villagers of mauzas Sanori, Makarwat and Bara for the purposes of erecting Bhawans and Seed Go-downs for the use of the Gram Sabha. He thus collected Rs. 67/8 from 67 subscribers and 3 khan-dis, 12 kurai and 9 kurwa grain from 64 subscribers. He brought the matter to the notice of the Gram Panchayat at its meeting dated 29-10-1957 when the Gram Panchayat passed a resolution that as the amount was small for the purpose for which it was collected, it should be deposited for expenditure on Samaj Shiksha projects, and objections should be invited to the adoption of that course. The villagers of mauzas Makarwat and Sanori did not demur to the proposal but an objection was raised by certain persons of Mauza Bara, who did not want their donations to be switched over to educational purposes.

(3.) THE matter was, therefore, referred by the Gram Panchayat to the Niyat adhikari for advice and guidance. Meanwhile, respondent No. 3 made an application to the Collector, Rewa, against the petitioner. Thereupon, the petitioner received a notice dated 26-2-1958 from the Collector asking him why he should not be removed from the office of the Sarpanch of the Gram Panchayat. The petitioner submitted his explanation on 11-3-1958. The Collector, however, was not satisfied with his explanation and passed an order dated 6-5-1958 removing him from his office.