DILIP KUMAR RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, filed under Article 226/227 of the Constitution of India, the petitioner challenges the legality and validity of the order dated 4-6-2008, passed by the respondent No. 3 in Revenue Case No. 08-A-89/2007-08 (Nand Kishore Vs. Dilip Kumar and others), whereby the revision filed by the respondent No. 7, challenging the appointment of the petitioner on the post of Panchayat Karmi/Secretary, Village Panchayat - Ghutra, was allowed, holding the resolution dated 7-2-2008 was not in accordance with law.

(2.) Brief facts, in nutshell, are that by order dated 7/8-1-2008 (Annexure P-l) the Chief Executive Officer, Janpad Panchayat -Manendragarh directed the Sarpanch of Village Panchayat Nai Ledri/Ghutra to start proceedings for appointment of Panchayat Karmi. Accordingly the advertisement was issued on 11-1-2008 (Annexure P-2), inviting applications from eligible candidates for appointment on the post of Panchayat Karmi. Pursuant to the advertisement, total 11 candidates, including the petitioner, submitted their applications. Thereafter, the Gram Panchayat in its meeting dated 7-2-2008 (Annexure P-3) passed the resolution to appoint the petitioner on the post of Panchayat Karmi. By letter dated 12-2-2008 (Annexure P-4) the Sarpanch informed the Chief Executive Officer about selection of the petitioner and requested for permission to call the meeting of the Gram Sabha, for approval of the resolution. On 28-2-2008 (Annexure P-5) the Chief Executive Officer directed the Sarpanch to call meeting of the Gram Sabha in accordance with the provisions of Section 6 (1) of the Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short "the Act, 1993").

(3.) On 4-3-2008 (Annexure P-6) the Sarpanch requested the Sub Divisional Officer (Revenue), Manendragarh to appoint Presiding Officer for the Special Gram Sabha, which was to be held on 9-3-2008. Subsequently, the Sarpanch informed the Chief Executive Officer, Janpad Panchayat, Manendragarh that the meeting of the Gram Sabha was to be called on 6-4-2008 and also requested for arrangement of security measures and deputation of an Observer of the proceedings. On 31-3-2008 (Annexure P-8) the Sub Divisional Officer (Revenue), Manendragarh, District Koria directed not to take further proceedings in regard to appointment of Panchayat Karmi, until further orders, as some proceeding arising out of the complaint made in regard to appointment of Panchayat Karmi was pending consideration. Accordingly, the Sarpanch issued a notice on 1 -4-2008 (Annexure P-9) that the meeting of the Gram Sabha which was to be held on 6-4-2008 was postponed, until further orders.