Chandrika Prasad Sharma vs The State Of Madhya Pradesh on 24 February, 2022

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Madhya Pradesh High Court

Chandrika Prasad Sharma vs The State Of Madhya Pradesh on 24 February, 2022

Bench: Vivek Agarwal

                                                          1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 24th OF FEBRUARY, 2022

                                           WRIT PETITION No. 4508 of 2022

                              Between:-
                              CHANDRIKA PRASAD SHARMA S/O AWDESH
                              PRASAD SHARMA , AGED ABOUT 45 YEARS,
                              OCCUPATION: PANCHAYAT SECRETARY GRAM
                              PANCHAYAT SARNGPUR JANPAD PANCHAYAT
                              SOHAGPUR (MADHYA PRADESH)

                                                                                         .....PETITIONER
                                          (BY SHRI GOPAL SINGH BAGHEL, ADVOCATE)

                              AND

                      1.      THE STATE OF MADHYA PRADESH THROUGH
                              PRINCIPAL SECRETARY PANCHAYAT AND RURAL
                              DEV.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 SOHAGPUR THROUGH ITS
                              CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
                              SOHAGPUR DISTRICT SHAHDOL M.P. (MADHYA
                              PRADESH)

                                                                                      .....RESPONDENTS
                                    (BY SHRI SHIV KUMAR SHRIVASTAVA, GOVT.ADVOCATE)

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

Petitioner has filed this writ petition being aggrieved of order dated 28.12.2021, whose name appears at Serial No.76, has been transferred from Gram Panchayat Pipariya, District Shahdol to Gram Panchayat Bamhori, District Shahdol on 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 Signature SAN Not Verified than three years during last four years, are to be transferred out of the said Gram Digitally signed by AMIT JAIN Date: 2022.02.24 Panchayat.

18:29:05 IST 2

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

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