VILLAGE PANCHAYAT ATRAILA Vs. STATE OF M P

JUDGEMENT

(1.) This intra-Court appeal under section 2 (1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, arises from the order dated 21.2.2011 passed by the learned Single Judge in W.P. No. 10951/2010.

(2.) It appears that the Gram Panchayat Artaila Jawa, district Rewa has filed the aforesaid writ petition through its Sarpanch for quashing of the order of the Collector dated 2.4.2008, contained in annexure P/7, whereby the Collector, Rewa, exercising powers under section 69 of the Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993, (hereinafter referred to as 'the 1993 Act') has notified the respondent no. 6 as Secretary to the Panchayat in question. The appellant Gram Panchayat has further challenged in the writ petition the order of the Commissioner dated 3.6.2008, contained in annexure P/9, dismissing the appeal preferred by the appellant, and the order of the Minister of Panchayat dated 6.7.2010, contained in annexure P/12, dismissing the revision filed by the appellant against the aforesaid order of the Collector. The aggrieved appellant challenged the aforesaid orders in the writ petition which is dismissed by the learned Single Judge vide order under appeal.

(3.) We do not find any substance in this contention for the reason that the respondent no. 6 was appointed as a Panchayat Karmi and relying upon annexure R6-1 to annexure R6-6 the learned Single Judge observed that he was discharging the duty as Panchayat Secretary in the year 2008 and he was entrusted with various duties by the Chief Executive Officer and other authorities.