SC grants time to MP sarpanch for surrendering

The Supreme Court on Monday granted an eight-week exemption from surrendering to a sarpanch of a gram panchayat in Madhya Pradesh’s Morena district who has been convicted in a criminal case.

A vacation bench comprising Chief Justice Surya Kant and Justices JK Maheshwari and Augustine George Masih asked the Madhya Pradesh High Court to consider his application seeking exemption from surrendering.

“While considering that application, the High Court may sympathetically keep in view the fact that, in the event the petitioner would be required to surrender, there will be a probability of his suspension from the public office to which he has been elected by the majority of the villagers,” the bench said.

The Supreme Court passed the order while hearing a plea filed by the sarpanch against an order of the High Court.

The High Court, citing the provisions of the Madhya Pradesh High Court Rules, 2008, had directed that unless he surrenders before the trial court, his criminal revision against the dismissal of his appeal by the sessions court in the case cannot be heard.

The top court noted that the petitioner was convicted in a criminal case and sentenced to two years' rigorous imprisonment along with a fine of Rs 500. It further noted that some co-accused were also convicted along with him.

The bench said the appeal preferred by the petitioner was dismissed by the sessions judge in February 2023.

The petitioner thereafter filed a criminal revision before the Madhya Pradesh High Court at Gwalior against the dismissal of his appeal by the sessions court.

The bench noted that pending the revision, it appeared that the petitioner sought an exemption from surrendering and a formal application to this effect was stated to be moved by him.

It said a “feeble attempt” has been made to challenge the vires of Madhya Pradesh High Court Rules also.

“As regards the constitutionality of the Rules, we are not inclined to entertain such collateral prayer in these proceedings. The petitioner, if so advised, may avail the remedy in accordance with the law in that regard,” the Supreme Court said.

While disposing of the petition, the bench said, “So far as the surrendering of the petitioner as a condition precedent for hearing his criminal revision before the High Court, it seems to us that ends of justice will be adequately met with by granting exemption to the petitioner from surrendering for a period of eight weeks. Ordered accordingly.”