BIHARI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing of order dated 18.01.2010 (Annexure P-3), vide which appointment of the petitioner as Panchayat Sahayak has been struck down by the Appellate Authority in an appeal filed under Section 148 of the H.P. Panchayat Raj Act, 1994, read with Rule 143 of the H.P. Panchayat Raj Rules, by the private respondent, inter alia on the ground that near relative of the petitioner Smt. Neelam Kumari, wife of the real brother of the petitioner was a Ward Member of the concerned Panchayat at the relevant time, which rendered the petitioner ineligible to be appointed in the Panchayat in terms of the provisions of Rule 137 of H.P. Panchayati Raj Rules, 1997.

(2.) Brief facts necessary for the adjudication of the present petition are as under:-

(3.) Though, documents to this effect are not on record, however, this Court has been apprised that appointment of the petitioner was challenged by the private respondent before learned Erstwhile Himachal Pradesh Administrative Tribunal and learned Tribunal vide order dated 23.05.2006 held that the original application was not maintainable as the remedy available to the original applicant was under the provisions of H.P. Panchayati Raj Act. Immediately thereafter an appeal was filed by private respondent herein, assailing the appointment of the petitioner under Section 148 of H.P. Panchayati Raj Act. The appeal so filed stands allowed by the Appellate Authority, by setting aside the appointment of the petitioner on the ground that the same was in violation of the provisions of Rule 137 of the H.P. Panchayati Raj Act, which barred the appointment of nears and dears of the office bearers and servants of the Panchayat concerned for appointment in the concerned Panchayat. Feeling aggrieved the petitioner has filed this petition.