Amendment status not verified — confirm the current text below against the official source.
Reasonable opportunity._[l] The expression "reasonable oppor- tunity is found to be used in many a statutes. It embodies the principle of natural justice that no body should be condemned unheard. The Legislature here has used the expression "reasonable Opportnnity offurnishing explana_ tion". The question arises as to what is the meaning of furnishing explana_ tion? There are many hidden'words to be read in this expression. The State Government or the prescribed authority, as the case may be, has to mention everything in the notice for which it needs an explanation ofthe Panchayat. It should specify in the notice each and every allegation, should mention documents which tend to prove any allegation against the working of panchayat, with copies of such documents or its relevant extracts and it should also mention the names of witnesses who have deposed or verified the allegations. The intention is that nothing should be hidden from the panchayat and decision of dissolution should not be based Onfa~ts, doeu- _ ments and witnesses about which the panchayat had nb-knOWledge.The 'Panchayat should know each and every matter which can be used against it for dissolution. . [2JThe concerned panchayat should be given full Opportunity to render explanation of each and every allegation and it should not be denied to explain things either in person or by representation or by leading evidence in the matter. It should be given a reasonable opportunity of cross-examin_ ing the witnesses who have deposed against it, if so desired. [3JThe purpose ofaffording reasonable Opportunity is not served unless it reaches the stage oftaking final decision in the matter. Before taking any final decision in the matter the concerned authority should consider the expl",nation given by the panchayat quite impartially in the light of the situation mentioned above. It is neither a routine matter nor an ordinary thing to be witnessed formally. It is a serious matter and should be judge free from all prejudices. It is not necessary that the primary satisfaction of the authority is required to be maintained. The entire exercise of affording reasonable opportunity to submit an explanation is aimed at to find out real facts and an adequate remedy to correct the wrong, committed if any. [4]It is a settled position that the menlbers constituting any panchayat in Madhya Pradesh may not be law knowing but the authority taking action against it under this section shall be knowing the law fully well. It should reach a conclusion which a reasonable mind, reasonably instructed in law, would reach on the basis of facts and circumstances on record. [5] The two words "reasonable opportunity" incorporate Principles of natural justice. Principles of natural justice are not contained in any straightjacket formula and have been interpreted differently in the context administration done by a Panchayat fail, then only the remedy of removal should be resortedJo. When peopleofode party are in Government, they try to remove persons belonging to their rival party and often exercise pressure on the officials at different levels to do so. The officers in the Government should be aware and keep themselves free from such pressures. [3J It may,.,however,. be noted that the prescribed authority before reSorting to an action under this section should see that there are other provisions in the Act which can ~ve him better information about the working of panchayat. Section !l4' relates to inspection of work of panchayats, Section 84 provides/f'0J inspection of works of Panchayats, Section 85 empowers the authoritres to suspend execution of orders and Section 86 empowers the State Government to issue orders directing panchayat for execution of works in certain cases.