NARENDRA KUMAR GAUTAM Vs. DEVKARAN PATHAK

JUDGEMENT

(1.) In this petition, the petitioner inter alia has challenged the validity of the order dated 3-2-2011 passed by the Additional Commissioner. The petitioner also seeks a direction to the Gram Panchayat to consider the applications afresh for appointment on the post of panchayat karmi as on 17-7-2007. The background facts leading to filing of the writ petition, briefly stated, are that an advertisement was issued for appointment on the post of Panchayat Karmi in Gram Panchayat, Goraiya, Block-Maihar, district-Satna. In response to the aforesaid advertisement, the petitioner and the respondent No. 1 as well as twelve other candidates submitted their applications. On scrutiny of the applications it was found that the petitioner and the respondent No. 1 secured equal marks. It is not disputed that the wife of the respondent No. 1 at the relevant time was a Panch of the aforesaid Gram Panchayat. Thereafter a decision was taken to fill up the post of Panchayat Karmi on the basis of voting. It is the case of the petitioner that nine members had voted in favour of the petitioner whereas eight members had voted in favour of the respondent No. 1. Accordingly, a proposal was made. However, as per version of the petitioner, the respondent No. 1 in connivance with the secretary of the Gram Panchayat changed the proposal. Thereupon on 18-7-2007 nine Panchas of the Gram Panchayat made a complaint to the Chief Executive Officer, Janpad Panchayat, Maihar with regard to change of the proposal.

(2.) The petitioner thereafter challenged the order dated 17-7-2007 by which the respondent No. 1 was appointed as Panchayat Karmi in an appeal before the Sub-Divisional Officer. The Sub-Divisional Officer on perusal of the record of the Gram Panchayat came to the conclusion that the procedure prescribed for filling up the posts in Gram Panchayat was not followed and neither the select list as per merit was prepared nor the same was sent for approval of the Collector. The appointment on the post of Panchayat Karmi was made on the basis of majority of votes and an order of appointment in favour of the respondent No. 1 was issued. Accordingly vide order dated 30-11-2007 the order of appointment of the respondent No. 1 was quashed and the matter was remanded to the Gram Panchayat with a direction to make appointment on the post of Panchayat Karmi in accordance with the procedure prescribed in this behalf.

(3.) Being aggrieved by the aforesaid order, the respondent No. 1 filed a revision before the Additional Commissioner. The Additional Commissioner vide order dated 3-2-2011 allowed the revision preferred by the petitioner on the ground that the orders dated 27-1-2006 and 13-8-2007 issued by the State Government for filling up the post of Panchayat Karmi, do not have retrospective operation and the respondent No. 1 was already appointed on the post of Panchayat Karmi on 17-7-2007. It was further held that the order passed by the Sub-Divisional Officer is in violation of the order dated 13-8-2007 passed by the State Government. Accordingly, the same was quashed. In the aforesaid backdrop, the petitioner has approached this Court.