NARESH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD and record perused.

(2.) THE petitioner was appointed as Panchayat Karmi by the Gram Panchayat, Ajleswar on an honorarium of Rs. 500/ - per month. The order was issued on 4 -7 -1996 (annexure P/1).

(3.) THE respondent No. 3 in its return contends that the petitioner has not challenged the order passed by the Collector under section 85(1) M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the Adhiniyam) and the order of the State Government under section 85(2) of the Adhiniyam. The State Government has approved the order suspending the resolution of the Gram Panchayat, Ajleswar by which petitioner was appointed. It was not open to the Commissioner to deal with the order passed by the State Government exercising the power under section 85 of the Adhiniyam. Petitioner has not approached this Court with clean hands. His appointment was not made by the Gram Panchayat, Ajleswar and no resolution was passed in accordance with the procedure prescribed under the Adhiniyam. Proceedings dated 3 -7 -1996 have been manipulated in the proceedings register. There is no signature of any of the Panchas or Sarpanch in the proceedings of the aforesaid date. Therefore, he was never appointed as Panchayat Karmi by the Gram Panchayat. The appointment letter was issued by the Acting Sarpanch, Mr. Brijendra Singh who was holding the charge of office under section 38 of the Adhiniyam. He had no authority to issue the appointment order under his signature. The writ petition is misconceived which deserves to be dismissed.