Madhya Pradesh High Court
Sheikh Jahid Qureshi vs The State Of Madhya Pradesh on 23 February, 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 23rd OF FEBRUARY, 2022
WRIT PETITION No. 4208 of 2022
Between:-
SHEIKH JAHID QURESHI S/O SHRI SHEIKH
ANWAR , AGED ABOUT 61 YEARS, OCCUPATION:
PANCHAYAT SECRETARY GRAM PANCHAYAT
NONPANI JANPAD PANCHAYAT DAMOH VILLAGE
SINGPUR POST IMLAI TEHSIL LAND DISTRICT
DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAHENDRA PATERIYA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. DIRECTOR PANCHAYAT RAJ SANCHNALAYA R/O
NEAR PROVIDENT FUND OFFICE ARERA HILLS
(NEAR HINDUSTAN PETROL PUMP ) (MADHYA
PRADESH)
3. C O L L E C T O R D A M O H DISTRICT DAMOH
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTRICT DAMOH (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
DISTRICT DAMOH (MADHYA PRADESH)
6. NEPAL SINGH PANCHAYAT SECRETARY GRAM
PANCHAYAT BALARPUR JANPAD PANCHAYAT
DISTRICT DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PRAVEEN NAMDEO, GOVERNMENT ADVOCATE)
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 Annexure P/1 dated 13.12.2021, whose name appears at Serial No.7, has been Signature Not transferred from Gram Panchayat Nonpani, Janpad Panchayat & District SAN Verified Digitally signed by Damoh to Gram Panchayat Aamkheda, Janpad Panchayat & District Damoh on AMIT JAIN Date: 2022.02.23 18:42:53 IST 2 account of directives of the Election Commission.
I t is submitted by learned counsel for the petitioner that the Election 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 amit