Madhya Pradesh High Court
Rajesh Kumar Tiwari vs The State Of Madhya Pradesh on 15 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 15th OF MARCH, 2022
WRIT PETITION No. 5727 of 2022
Between:-
RAJESH KUMAR TIWARI S/O SHYAM KISHOR
TIWARI , AGED ABOUT 52 YEARS, OCCUPATION:
GRAM PANCHAYAT SECRETARY GRAM POST
MASIRA, TAHSIL JAISINGHNAGAR,
DIST.SHAHDOL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHRI V.D.S.CHAUHAN, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY PANCHAYAT DEPTT
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
2. COLLECTOR / DISTRICT MAGISTRATE DISTRICT
SHAHDOL, M.P. 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 JAISINGHNAGAR THROUGH
ITS CHIEF EXECUTIVE OFFICER JANPAD
PANCHAYAT JAISINGHNAGAR, DISTRICT
SHAHDOL M.P. (MADHYA PRADESH)
5. KAMLESH CHATURVEDI SECRETARY GRAM
PANCHAYAT DEORI JANPAD PANCHAYAT
JAISINGHNAGAR, DISTRICT SHAHDOL M.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY KUMAR SHUKLA, PANEL LAWYER)
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 dated 28.12.2021, whose name appears at Serial No.17, has been transferred from Gr am Panchayat Banchachar to Gram Panchayat Giruibadi on account of Signature Not directives of the Election Commission.
SAN Verified Digitally signed by I t is submitted by learned counsel for the petitioner that the Election AMIT JAIN Date: 2022.03.16 16:57:10 IST 2 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. He also submits that one Kamlesh Chaturvedi (respondent No.5 herein), who was transferred from Gram Panchayat Giruibadi, had filed Writ Petition No.3109/2022 wherein a Coordinate Bench of this Court had quashed that transfer order as contained in Annexure P/3, therefore, the petitioner is unable to execute the transfer order transferring him from Gram Panchayat Banchachar to Gram Panchayat Giruibadi.
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 dated 28.12.2021 as regards 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.
It is observed that the party cannot be asked to execute an order, which cannot be executed in letter & spirit. Even otherwise, this Court & Coordinate Benches have held that once the elections have been called out then the petitioner could not have been transferred on the plea of the directions of the 3 Election Commission.
In above terms, this writ petition is allowed & disposed of.
(VIVEK AGARWAL) JUDGE amit