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Madhya Pradesh High Court

Vinod Kumar Nayak vs The State Of Madhya Pradesh on 22 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 22nd OF FEBRUARY, 2022

                                           WRIT PETITION No. 4338 of 2022

                              Between:-
                              VINOD KUMAR NAYAK S/O LATE SHRI MAHESH
                              PRASAD NAYAK , AGED ABOUT 53 YEARS,
                              OCCUPATION: PANCHAYAT SECRETARY R/O
                              MAJHGAWAN PHATAK, KATNI, DISTRICT KATNI
                              (M.P.) (MADHYA PRADESH)

                                                                                       .....PETITIONER
                              (BY SHRI MUKESH AGRAWAL, ADVOCATE)

                              AND

                      1.      THE STATE OF MADHYA PRADESH THROUGH
                              PRINCIPAL SECRETARY PANCHAYAT AND RURAL
                              DEVELOPMENT DEPARTMENT MANTRALAYA,
                              BHOPAL (M.P.) (MADHYA PRADESH)

                      2.      THE COLLECTOR KATNI DISTRICT KATNI (M.P.)
                              (MADHYA PRADESH)

                      3.      ZILA PANCHAYAT, KATNI THROUGH ITS CHIEF
                              EXECUTIVE   OFFICER DISTRICT KATNI (M.P.)
                              (MADHYA PRADESH)

                      4.      JANPAD PANCHAYAT, KATNI THROUGH ITS CHIEF
                              EXECUTIVE   OFFICER DISTRICT KATNI (M.P.)
                              (MADHYA PRADESH)

                      5.      GRAM PANCHAYAT, MAJHGAWAN PHATAK
                              THROUGH ITS SARPANCH MAJHGAWAN PHATAK,
                              DISTRICT KATNI (M.P.) (MADHYA PRADESH)

                      6.      SHRI    SACHIN      UPADHYAY    PANCHAYAT
                              S ECR ETARY GRAM PANCHAYAT PADARIYA,
                              DISTRICT KATNI (M.P.) (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                              (BY SHRI PRAVEEN NAMDEO, GA FOR STATE)

                            This petition coming on for admission and interim relief this day, the court
                      passed the following:
                                                          ORDER

Petitioner has filed this writ petition being aggrieved of transfer order dated 16/12/2021 (Annexure P-1), whereby the respondents have transferred Signature Not petitioner from Gram Panchayat Majhagawan Phatak to Gram Panchayat SAN Verified Digitally signed by Ponsara on account of directives of the State Election Commission.

It is submitted by learned counsel for the petitioner that petitioner has not been relieved till date. The State 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 joining 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. Certified copy as per rules.

(VIVEK AGARWAL) JUDGE tarun