ANIL KUMAR SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) PETITIONER has filed this writ petition and challenge in this writ petition is made to an order dated 16/12/10 Annexure P-15 passed by the Collector, Sidhi on 16/12/10 exercising powers under Section 69 (1) of the M. P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 granting the powers of Secretary to respondent no. 3. Petitioner has challenged the said order mainly on the ground that initially petitioner was holding the post and in an illegal manner on certain allegations without conducting a proper enquiry, petitioner's appointment has been cancelled. The cancellation of appointment of the petitioner and the action taken against the petitioner was challenged in various proceedings and finally, the matter is pending before this Court in W. P. No. 3441/10 (s) wherein order of status quo has been issued. It is stated that in the light of the fact that the claim of the petitioner for appointment is pending, challenge is made to the appointment of respondent no. 3 as a 'Secretary' and further contending that certain irregularities have been committed in the matter of appointment of respondent no. 3 as a 'Panchayat Karmi' mainly on the ground that a resolution for his appointment passed by the Gram Panchayat is not proper, it is an illegal resolution and has been passed contrary to the settled principles of law.

(2.) INFACT , a preliminary objection is raised by the respondents to the effect that appointment of respondent no. 3 by the order dated 16/12/10 as a 'Panchayat Secretary' is proper, he was appointed as a 'Panchayat Secretary' on the basis of a resolution passed by the Gram Panchayat and on the resolution, an order has been passed appointing him as a 'Panchayat Karmi'. It is also stated that the appointment was done after certain process were followed for appointment. It is stated that without challenging the resolution and appointment of respondent no. 3 as a 'Panchayat Karmi' , no relief can be granted to the petitioner.

(3.) RESPONDENTS have tried to demonstrate before this Court that a resolution dated 6/08/09 was passed in accordance with law. However, further preliminary objection is raised to the effect that without challenging the notification issued by the Collector, without taking recourse to the statutory remedy of appeal as contemplated under the M. P. Panchayat (Appeal and Revision) Rules 1995, the petition is not maintainable.