Mangal Yadav vs The State Of Madhya Pradesh on 25 February, 2022

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Madhya Pradesh High Court

Mangal Yadav vs The State Of Madhya Pradesh on 25 February, 2022

Bench: Vivek Agarwal

                                  1
     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                  BEFORE
                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                        ON THE 25th OF FEBRUARY, 2022

                     WRIT PETITION No. 4562 of 2022

        Between:-
        MANGAL YADAV S/O MOHAN YADAV , AGED
        ABOUT 45 YEARS, OCCUPATION: PANCHAYAT
        SECRETARY GRAM     PANCHAYAT KHOHARI
        JANPAD   PANCHAYAT   GOHPARU  (MADHYA
        PRADESH)

                                                               .....PETITIONER
        (BY MR. SHAILENDRA SONI, LEARNED COUNSEL FOR THE
        PETITIONER )

        AND

1.      THE STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL SECRETARY PANCHAYAT DEPTT.
        VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.      COLLECTOR SHAHDOL DISTRICT-SHAHDOL(M.P.)
        (MADHYA PRADESH)

3.      JILA PANCHAYAT SHAHDOL THROUGH ITS CHIEF
        EXECUTIVE OFFICER JILA PANCHAYAT SHAHDOL
        DISTRICT SHAHDOL M.P. (MADHYA PRADESH)

4.      JANPAD PANCHAYAT GOHPARU THROUGH ITS
        CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
        GOHPAR U, DISTRICT-SHAHDOL(M.P.) (MADHYA
        PRADESH)

5.      GULAB DAS GUPTA PANCHAYAT SECRETARY
        POSTED-GRAM   PANCHAYAT-HARRI,   JANPAD
        PANCHAYAT GOHPARU, DISTRICT-SHAHDOL(M.P.)
        (MADHYA PRADESH)

                                                            .....RESPONDENTS
        (BY MS. SWATI ASEEM GEORGE, LEARNED PANEL LAWYER FOR
        THE STATE )

       This writ petition is taken up for hearing and the Court has passed the
                                  following:
                                   ORDER

Petitioner has filed this writ petition being aggrieved of order dated 21.12.2021, whose name appears at Serial No.16, has been transferred from Gram Panchayat Khohari to Gram Panchayat Harri on account of directives of the Election Commission.

It is submitted by learned counsel for the petitioner that the Election 2 Commission had issued directions that in view of the forthcoming elections of the Panchayat, those persons, who have been posted at a particular place for more than three years during last four years, are to be transferred out of the said Gram Panchayat.

The aforesaid issue has been examined by Hon'ble Division Bench of this Court Presided Over by Hon'ble The Chief Justice in Writ Appeal No.64/2022 (Tulsiram Patel versus State of Madhya Pradesh & Others) decided on 28.1.2022 and the Hon'ble Division Bench of this Court has held that since elections have been cancelled, therefore, there is no justification in implementing the said directives of the Election Commission and has quashed the order of transfer.

Accordingly, in terms of the order dated 28.1.2022 passed by Hon'ble Division Bench of this Court in Writ Appeal No.64/2022 (Tulsiram Patel versus State of Madhya Pradesh & Others), the impugned transfer order of the petitioner is quashed subject to the condition that if the petitioner after relieving has not yet submitted his jointing at the transferred place then he will not be required to carry out the transfer & work at the transferred place. If the petitioner has yet not joined at the transferred place then the authorities will be free to deal with the intervening period, after relieving of the petitioner, in terms of the provisions as are contained in the relevant service rules.

In above terms, this writ petition is allowed & disposed of.

(VIVEK AGARWAL) JUDGE julie Signature Not Verified SAN Digitally signed by JULIE SINGH Date: 2022.02.26 14:34:40 IST

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