Smarjeet Singh vs State of M.P. and others

R.S. Jha, Judge

Heard Shri Umesh Shrivastava, learned counsel for the petitioner on the question of admission. The petitioner has filed this petition alleging that the respondent no. 5 is continuing as a Secretary of Gram Panchayat Kumarajudwaniya, Janpad Panchayat Sirmour District, Rewa inspite of the fact that the Sub Divisional Officer, Sirmour in proceedings initiated u/s 40 of the M.P. Panchayati Raj Avam Gram Swaraj Adhiniyam, 1993 against the Sarpanch, has made an observation in the order dated 18.06.1998 to the effect that appointment of the respondent no. 5 as Secretary of Gram Panchayat, Kumarajudwaniya is illegal and contrary to law.

The petitioner submits that he has filed complaints before the various authorities and has also approached the Lokayukt, M.P. before whom an enquiry is pending but no action till date has been taken by the authority concerned as a result of which the respondent no. 5 still continues to work as a Secretary of Gram Panchayat, Kumarajudwaniya, illegally.

I have heard the learned counsel for the petitioner at length.

It is apparent from a perusal of the document Annexure P/6 that the Lokayukt has taken up the matter and is conducting an enquiry into the matter. That apart, it is also apparent that while the petitioner has filed complaints before various authorities, he has not approached the authority who is competent to initiate the proceedings against the respondent no. 5.

In the circumstances, the petition filed by the petitioner is disposed of with an observation that in case the petitioner approaches the competent authority i.e. the Collector, Rewa within 15 days along with the order passed today and a copy of the petition, the said authority shall look into the grievance of the petitioner and if so required, deal with the matter in accordance with law after hearing all concerned and by passing a reasoned order.

However, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the complaint filed by the petitioner.

With the aforesaid observation, the petition filed by the petitioners stands disposed of. C.C. as per rules.