SEEMA SINGH Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner in this writ petition under Article 226/227 of the Constitution of India questions the validity of order dated 5.11.2007 (Annexure P-9); whereby, respondent No. 6 has been appointed as Panchayat Karmi and notified as Panchayat Secretary by Collector, Sidhi in exercise of his powers under section 86 (2) read with section 69 (1) of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993.

(2.) THE relevant facts leading to challenge are that the State Government issued directions on 13.9.2007 to respective Collector to ensure filling up of the vacant post of Panchayat Karmi in respective Gram Panchayat. In pursuance to the said order of the State Government, Gram Panchayat Gijwar District, Sidhi initiated the proceedings by issuing advertisement lor appointment of Panchayat Karmi. In response, 46 applications were received, and on the basis of eligibility criteria, a merit list was prepared, wherein, the respondent No. 1 with 71.38% of marks was placed at serial No. 1 and the petitioner with 69.08% at serial No. 2. The Gram Panchayat held its meeting on 1.9.2007 to select the suitable candidate. However, no decision could be arrived at in the said meeting and the matter was referred to the Chief Executive Officer, Janpad Panchayat, Majhauli. Subsequent thereof, another meeting was convened on 4.9.2007, wherein, it was resolved to appoint petitioner as Panchayat Karmi. Consequent whereof, an order on 5.9.2007 was passed by the Sarpanch, Gram Panchayat Gijwar appointing the petitioner as Panchayat Karmi. This order of appointment was challenged by respondent No. 6 before the Sub-Divisional Officer, which as submitted at Bar, is still pending. Subsequent to the appointment of the petitioner as Panchayat Karmi one letter dated 30.10.2007 (Annexure R-4/4) addressed to Deputy Director, Panchaya and Social Justice Sidhi, was sent by the Chief Executive Officer Janpad Panchayat, Majhauli proposing an initiation of a proceeding for appointment of Panchayat Karmi for village Gijwar. This letter, it appears has been written ignoring the fact that the appointment of Panchayat Karmi was already resorted to by the Gram Panchayat vide its order dated 5.9.2007. The Competent Authority, i.e. Collector Sidhi while taking note of the letter dated 30.10.2007 and the report annexed therein passed the order on 5.11.2007 appointing respondent No. 6 as Panchayat Karmi in exercise of his power under section 86 (2) of the Act of 1993. It is this action which is being questioned in the present writ petition.

(3.) SECTION 86 of the Act of 1993 stipulates :