KESHAV SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 28/10/2009 passed by the Additional Commissioner, Gwalior Division, Gwalior in Appeal No.509/2008-09, by which the appointment of the petitioner on the post of Panchayat Karmi has been set aside in the appeal filed by Up-Sarpanch.

(2.) The necessary facts for disposal of this petition in short are that on 27/1/2006 the Department of Panchayat and Rural Development, State of M.P., issued a direction to all the Collectors to the effect that the Gram Panchayat must fulfill the vacant posts of Panchayat Karmi by 2/2/2006 and if the Gram Panchayat fails to fulfill the vacancy by 2/2/2006, then the Collector must take action under Section 86 of the M.P. Panchayat Raj Adhiniyam, 1993 (in short "Adhiniyam, 1993") and must issue a letter to the Sarpanch of the said Panchayat under Section 86 (1) of the Panchayat Raj Avam Gram Swaraj Adhiniyam making him to compulsorily fill up the vacant posts of Panchayat Karmi/Secretary. If any Gram Panchayat fails to comply the order issued under Section 86 (1) of the Adhiniyam, 1993, then the Chief Executive Officer of the concerning Janpad Panchayat shall be directed under Section 86 (2) of the Adhiniyam, 1993 to make appointment on the post of Panchayat Karmi after seeking approval from the Collector by exercising powers of the Sarpanch.

(3.) It is submitted that accordingly, a letter dated 29/3/2007 was issued by the Collector to the Chief Executive Officer, Janpad Panchayat Morar, District Gwalior to the effect that the Collector by order dated 1/8/2006 had issued a letter under Section 86 (1) of the Adhiniyam, 1993 for filling up the vacancy of Panchayat Karmi within a period of 30 days, however, the Gram Panchayat Bilheti, District Gwalior and Gram Panchayat Bastari have not complied with the order, therefore, the Chief Executive Officer was directed to make the appointment in exercise of power under Section 86 (2) of the Adhiniyam, 1993 after seeking approval from the Collector. It was also directed that the application should be invited by affixing the notice on the public place and even a copy should be affixed on the Notice Board of the Janpad Panchayat and public announcements should be made and three days' time should be granted for making the application. After considering the application, the merit list should be prepared which should be displayed on the Notice Board of the Gram Panchayat/Janpad Panchayat and the meritorious candidate should be appointed after seeking approval from the Collector. One name should be kept in the waiting list and successful candidate should be given three days' time to submit his joining and in case if he fails to do so, then the candidate kept in the waiting list should be appointed. Accordingly, the Chief Executive Officer, Janpad Panchayat, Morar, District Gwalior issued a public notice dated 24/4/2007 inviting applications for appointment on the post of Panchayat Karmi, Gram Panchayat Bilheti and Bastari. The petitioner and three more persons applied for appointment on the post of Panchayat Karmi, Gram Panchayat Bilheti and merit list was prepared and the petitioner was placed at serial no.1, as he had received 209 marks out of 500 in High School Examination, whereas one Ajay Singh was placed at serial no.2, who had secured 203 marks out of 500 and remaining two candidates, namely, Kamlesh and Satya Narayan had secured 194/500 and 192/500 in the High School. Accordingly, after seeking approval from the Collector, the petitioner was given appointment by order dated 4/6/2007. The Collector by order dated 31/7/2007 passed an order under Section 69 (1) of the Adhiniyam, 1993 and the petitioner was notified as Panchayat Secretary.