PAWAN RANA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a reference made to the Full Bench by a learned Single Judge of this court because of difference of opinion in the judgments of two different division Benches of the High Court on interpretation of Section 86 of the madhya Pradesh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam, 1993' ).

(2.) THE background facts leading to this reference are that under section 69 of the Adhiniyam, 1993, the State Government or the Prescribed authority has the power to appoint Secretary for a Gram Panchayat or group of two or more Gram Panchayats and under Section 70 of the Adhiniyam, 1993, a gram Panchayat has the power to appoint such other officers and servants as it considers necessary for the efficient discharge of its duties with the previous approval of the Prescribed Authority. The State Government issued a circular dated 12-9-1995 regarding appointment of Panchayat Karmis by the Gram panchayats and issued another circular dated 27-1-2006 clarifying that in case within a. period of one month a Gram Panchayat fails to make the appointment of Panchayat Karmi, the Collector of the concerned District in exercise of powers under Section 86 (1) of the Adhiniyam, 1993, may direct the Chief executive Officer of the Janpad Panchayat within whose territorial jurisdiction the Gram Panchayat is situated to complete the process of selection of panchayat Karmi. The Chief Executive Officer of the Janpad Panchayat, Dabra, by an advertisement called for applications from the eligible and qualified persons to fill one post of Panchayat Karmi in Gram Panchayat Chiruli and the petitioner amongst others applied. When the appointment of the Panchayat karmi was not made in the Gram Panchayat Chiruli, the Collector, Gwalior district, who is the Prescribed Authority, directed the Chief Executive Officer of the Janpad Panchayat Dabra to make appointment of Panchayat Karmi and the Chief Executive Officer appointed the respondent No. 4 as Panchayat karmi of Gram Panchayat, Chiruli. Aggrieved, the petitioner has filed the present writ petition for quashing the"order of appointment of the respondent no. 4 as Panchayat Karmi and for directing the Gram Panchayat, Chiruli, to make an appointment strictly on the basis of merit.

(3.) WHEN the present writ petition came up for hearing before a learned Single Judge of the High Court at Gwalior on 23-6-2009, the petitioner contended that the power to appoint a Panchayat Karmi is vested in a Gram panchayat under Section 70 of the Adhiniyam, 1993, and the Prescribed authority in exercise of powers under Section 86 (1) of the Adhiniyam, 1993, cannot change the Appointing Authority and confer jurisdiction on the Chief executive Officer of the Janpad Panchayat to make the appointment of panchayat Karmi. In support of this contention, the petitioner cited a Division bench judgment of this Court in Smt. Madhu Bhadoria Vs. State of M. P. and others (W. P. No. 206/2008 ).