W.P. No.7159/2010 (s)
22/06/2010:
Shri Praveen Verma, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Government Advocate on
advance notice for the respondents.
Challenging the order dated 19.2.2010 passed by the
Chief Executive Officer, Janpad Panchayat, Pushparajgarh,
District Shahdol, withdrawing the powers of Panchayat
Secretary, petitioner has filed this writ petition. It is common
ground that in the case of Gram Panchayat Bamrol Vs.
Jagdish Singh Rawat and others – 2008(4) MPHT 132 after
placing reliance on the Circular dated 22.9.93 and provisions
of Section 69(1) of M.P. Panchayat Raj Avam Gram Swaraj
Adhniyam, 1993, has held that it is only the Collector who is
empowered to remove or denotify a Panchyat Secretary from
the post and Chief Executive Officer does not have any power.
Considering the aforesaid, this application is allowed.
Order dated 19.2.2010 is quashed and liberty is granted to the
Collector or competent authority to proceed further in
accordance with law.
Petition stands disposed of with the aforesaid.
c.c. as per rules.
(Rajendra Menon)
Judge
Mrs.mishra