Madhya Pradesh High Court
Shrikant Patel vs The State Of Madhya Pradesh on 29 March, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 29th OF MARCH, 2022
WRIT PETITION No. 6971 of 2022
Between:-
SHRIKANT PATEL S/O RAMAVATAR PATEL , AGED
ABOUT 50 YEARS, OCCUPATION: PANCHAYAT
SECRETARY GRAM PANCHAYAT BARHA TOLA,
TEHSIL BEOHARI DISTT. SHAHDOL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SUDHANSHU KUMAR SINGH, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY PANCHAYAT AND
GRAMIN VIKAS VIBHAG VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. DIRECTOR/COMMISSIONER PANCHAYAT RAJ
VI B HAAG DIRECTORATE ARERA HILLS, M.P.
BHOPAL (MADHYA PRADESH)
3. THE COLLECTOR SHAHDOL DISTT. SHAHDOL M.P.
(MADHYA PRADESH)
4. ZILA PANCHAYAT THROUGH CHIEF EXECUTIVE
O F F I C E R DISTT. SHAHDOL (M.P.) (MADHYA
PRADESH)
5. JANPAD PANCHAYAT THROUGH CHIEF
EXECUTIVE OFFICER DISTT. SHAHDOL M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI JITENDRA SHRIVASTAVA, PL FOR STATE)
T h is petition coming on for hearing this day, the court passed the
following:
ORDER
Shri Sudhanshu Kumar Singh, learned counsel for the petitioner.
Shri Jitendra Shviastava, learned PL for the respondent/State.
Petitioner is aggrieved of order dated 22/12/2021 (Annexure P-1) passed by the Chief Executive officer, Zila Panchayat Shahdol, whereby petitioner whose name appears at Serial No. 6, who was Signature SAN Not Verified working as Panchayat Secretary is transferred from Gram Panchayat Barhotola to Gram Panchayat Digitally signed by TARUN KUMAR Bholahara, District Shahdol.
SALUNKE Date: 2022.03.30 16:29:05 IST 2It is submitted that Shehmani Singh Barghi has been transferred from Bholahara to Barhatola and elections have been postponed.
It is submitted that Division Bench of this Court in W.A No. 64/2022 (Tulsiram Patel Vs. State of M.P & others) decided on 28/01/2022 has held that since elections have been cancelled, therefore, there is no justification in implementing the said directives of election commission and has quashed the order of transfer.
It is submitted that petitioner specifically have taken a ground in para 6.3 of the writ petition that he is still posted at Gram Panchayat Barhotola and has not been relieved and no body joined in his place.Subject to such declaration, it is directed that if petitioner is still posted at Gram Panchayat Barhotola, not being relieved, nobody joined in his place of the petitioner as on today then the impugned order of transfer will not be given effect to in terms of the directions of the Division Bench of this Court in W.A No. 64/2022 (Tulsiram Patel Vs. State of M.P & others) decided on 28/01/2022.
It is made clear that in case petitioner is relieved or any person has reported for joining in his place, then this order will not be given effect.
In above terms this petition is disposed of.
(VIVEK AGARWAL) JUDGE tarun