Smt. Premvati Saket vs State of M.P. and others

R.S. Jha, Judge

Heard Shri Shailendra Verma, learned counsel for the petitioner and Shri Puneet Shroti, learned P.L. for the State on advance copy on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 30.11.2012 passed by the Additional Collector, Sidhi whereby the petitioner who is the Sarpanch of Gram Panchayat Bamuri, Janpand Panchayat Sihawal District Sidhi has been removed from the said post u/s 40 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.

It is fairly submitted by the learned counsel for the petitioner that though the impugned order is revisable, however, the petitioner is constrained to file the present petition on account of the fact that the revisional authority is not available and the application filed by the petitioner before the Collector himself seeking stay of the operation till filing of the appeal/revision was decided by the Collector by order dated 01.12.2012 granting him stay till 05.12.2012 though he had prayed for staying the operation of the impugned order for the entire period prescribed by law to avail the remedy available to him.

In the circumstances it is submitted that the petitioner had no other alternative efficacious remedy but to file the present petition assailing the impugned order.

The learned Government Advocate appearing for the State on advance copy has opposed the maintainability of the petition.

Having heard the learned counsel for the petitioner and looking to the fact that the petitioner has the remedy of assailing the impugned order before the revisional authority as well as the fact that the Collector himself by order dated 01.12.2012 has stayed operation of the impugned order dated 05.12.2012 to enable the petitioner to avail the remedy against the petitioner and looking to the fact that the revisional authority is not available, the petition filed by the petitioner is disposed of with a direction that the operation of the impugned order granted by the Collector till 05.12.2012 is extended up to 25.12.2012, as it is stated by the learned counsel for the petitioner that by that time, the revisional authority would be available and the petitioner may avail the remedy available to him.

With the aforesaid directions/observations, the petition filed by the petitioner stands disposed of. C.C. today.