Shivnarayan Tiwari vs The State Of Madhya Pradesh on 22 February, 2022

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Madhya Pradesh High Court

Shivnarayan Tiwari vs The State Of Madhya Pradesh on 22 February, 2022

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. 4071 of 2022

                              Between:-
                              SHIVNARAYAN TIWARI S/O RAMNIDHI TIWARI ,
                              AGED    ABOUT    48    YEARS, OCCUPATION:
                              PANCHAYAT SECRETARY GRAM PANCHAYAT
                              BASAHAT JANPAD PANCHAYAT TEONTHAR
                              (MADHYA PRADESH)

                                                                                       .....PETITIONER
                              (BY SHRI VINAY PRATAP SINGH, ADVOCATE )

                              AND

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

                      2.      COLLECTOR    REWA DISTRICT            REWA,    (MP)
                              (MADHYA PRADESH)

                      3.      JILA PANCHAYAT REWA THROUGH ITS CHIEF
                              EXECUTIVE OFFICER JILA PANCHAYAT REWA,
                              DISTRICT REWA, (MP) (MADHYA PRADESH)

                      4.      JANPAD PANCHAYAT TEONTHAR THROUGH ITS
                              CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
                              TEONTHAR, DISTRICT REWA, (MP) (MADHYA
                              PRADESH)

                                                                                    .....RESPONDENTS
                              (BY SHRI ANKIT AGRAWAL, G.A FOR STATE )

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

Petitioner has assailed the transfer order dated 16/12/2021 (Annexure P-1) so also transfer order dated 13/12/2021 (Annexure P-2). Vide order dated 16/12/2021 petitioner was transferred from Gram Panchayat Basahat to Gram Panchayat Kotra Kala District Rewa. Whereas subsequently vide order dated 13/12/2021, he was transferred from Gram Panchayat Basahat to Gram Panchayat Deeh. Both the orders are passed on account of directives of the Signature SAN Not Verified M.P State Election Commission.

Digitally signed by

TARUN KUMAR It is submitted by learned counsel for the petitioner that petitioner has SALUNKE Date: 2022.02.23 10:30:54 IST 2 not been relieved till date. 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 orders 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.

(VIVEK AGARWAL) JUDGE tarun

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