LEELAWATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners are permanent residents of Gram Panchayat, Baroli in Tehsil Ajaygarh. The Gram Panchayat, Baroli failed to appoint a Panchayat Karmi within the specified period and, therefore, the Collector in exercise of power under Section 86 (2) of the Madhya Pardesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short 'the Adhiniyam') authorised the Chief Executive Officer, Janpad Panchayat, Ajaygarh to appoint a Panchayat Karmi of Gram Panchayat, Baroli. The Chief Executive Officer, Janpad Panchayat, Ajayga issued an advertisement inviting applications for appointment of Panchayat Karmi in Gram Panchayat, Baroli. Petitioners and other candidates applied in pursuance to the advertisement to the Chief Executive Officer, Janpad Panchayat, Ajaygarh. Thereafter, the Chief Executive Officer, Janpad Panchayat, Ajaygarh appointed the respondent No. 6 as Panchayat Karmi of Gram Panchayat, Baroli. Aggrieved, the petitioners have filed this writ petition under Article 226 of the Constitution.

(2.) Mr. Abhishekh Arjaria, learned Counsel for the petitioners submitted that under Section 70 of the Adhiniyam only the Gram Panchayat can appoint a Panchayat Karmi and hence the appointment of respondent No. 6 as Panchayat Karmi made by the Chief Executive Officer, Janpad Panchayat, Ajaygarh is without jurisdiction and is void ab initio.

(3.) We are unable to accept the aforesaid submission of Mr. Arjaria. Section 86 of the Adhiniyam is quoted herein below :- "86. Power of State Government to issue order directing Panchayat for execution of works in certain cases.- (1) The State Government or the Prescribed Authority may, by an order in writing, direct any Panchayat to perform any duty imposed upon it, by or under this Act, or by or under any other law for the time being in force or any work as is not being performed or executed, as the case may be, by it and the performance or execution thereof by such Panchayat is, in the opinion of the State Government or Prescribed Authority, necessary in public interest." (2) The Panchayat shall bound to comply with direction issued under sub-section (1) and if it fails to do so (the State Government or the Prescribed Authority shall have all necessary powers to get the directions complied with at the expense, if any, of the Panchayat) and in exercising such powers it shall be entitled to the same protection and the same extent under this Act as the Panchayat or its officers or servants whose powers are exercised." It will be clear from sub-section (1) of Section 86 of the Adhiniyam that the State Government and the Prescribed Authority may by an order direct any panchayat to perform any duty imposed upon it by or under the Act or under any other law for the time being in force. It will be further clear from sub-section (2) of Section 86 of the Adhiniyam that the panchayat shall be bound to comply with the direction issued under sub-section (1) and if it fails to do, the State Government or the Prescribed Authority shall have all necessary powers to get the directions complied with at the expense, if any, of the panchayat and in exercising such powers it will be entitled to the same protection and the same extent under the Act as the panchayat or its officers or servants exercise such powers.