Allahabad High Court
Ashok Kumar vs State Of U.P. And Others on 30 September, 2011
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Civil Misc. Writ Petition No.56000 of 2011
Ashok Kumar...........................................................Petitioner
Vs
State of U.P. and others............................................Respondents
_______
Hon'ble Rajes Kumar, J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
By means of the present petition, the petitioner is challenging the resolution dated 26.10.2009, passed by the Gram Panchayat, Ibrahimpur, Tanda, Fatehpur and the order dated 18.4.2011, Annexure-4 to the writ petition, passed by the Block Development Officer, Devmai, Fatehpur as well as the order dated 27.7.2011, Annexure-7 to the writ petition, passed by the District Magistrate, Fatehpur.
It appears that one Sri Awdhesh Kumar, Panchayat Mitra, has submitted his resignation and on account of his resignation, the post had fallen vacant. To fill up the vacancy, the meeting of the Panchayat Executive was held on 26.10.2009 wherein it has been resolved that three applications of Sarvasri Kamal Kumar, Vimal Kumar and Jagdhan Singh were received for the post of Panchayat Mitra, which have been considered on merit and Jagbhan Singh has been selected for the post of Panchayat Mitra on merit. District Panchayat Raj Adhikari wrote a letter dated 14.10.2009 to Pariyojana Nideshak that after the resignation of Awdhesh Kumar, necessary steps is to be taken by you. Original application alongwith the Annexures were also sent on which direction has been issued to the Secretary, Gram Panchayat to send the resolution after selecting the Gram Rojgar Sewak within a week and in pursuance thereof the respondent no.9 has been selected. The petitioner has not moved any application and, therefore, his name has not been considered by the Panchayat Executive. Thereafter, vide letter dated 18.4.2011, the Block Development Officer, Devmai, Fatehpur wrote to Jagbhan Singh to appear before the Gram Pradhan for his services and also produce copy of the contract.
The petitioner filed Writ Petition No.28918 of 2011 on the ground that in the matter of selection and appointment of Panchayat Mitra, large scale of manipulation has been made. It was stated that at no point of time, the vacancy has ever been advertised by any mode and straightaway resolution has been passed wherein also the date has been changed and illegal selection has been made and given effect to by the letter dated 18.4.2011. The Court has disposed of the writ petition on 16.5.2011, giving liberty to the petitioner to file the representation before the District Magistrate raising the grievance.
It appears that the petitioner filed the representation before the District Magistrate, which has been disposed of by the District Magistrate by the order dated 27.7.2011 by which the representation of the petitioner has been rejected. The District Magistrate heard the petitioner, Ex Gram Pradhan, present Gram Pradhan, Gram Vikas Adhikari, Awdhesh Kumar, ex Panchayat Mitra, Jagbhan Singh, present Panchayat Mitra and the Block Development Officer. After hearing the parties, a direction has been issued to file the affidavits of more than half members of the Gram Panchayat that the meeting has not been held openly and the selection of Panchayat Mitra was made by manipulation and favouritism, then the selection would be cancelled.
The petitioner, without the approval of the Block Development Officer, filed the affidavits of six members before the Additional District Magistrate on 29.6.2011. Those six members were (1) Santosh Kumar, Son of Motilal, (2) Ram Singh, Son of Badri, (3) Ramesh, Son of Ram Ratan, (4) Rukmani, Wife of Chhedi Lal, (5) Smt. Parvati, Wife of Bachchi Lal and (6) Ram Kumar, Son of Garibe.
Jagbhan Singh has also filed the affidavits of seven members of the Gram Panchayat, namely, (1) Smt. Jaggi, Wife of Ganga, (2) Munna Lal, Son of Jaldeen, (3) Jairam, Son of Parisadi, (4) Ram Kumar, Son of Garibe Lal, (5) Smt. Kanti, Wife of Siya Ram, (6) Smt. Wife of Bhure Lal and (7) Smt. Rukmani, Wife of Chhedi Lal.
The District Magistrate in his order has observed that out of six affidavits of the members of the Gram Panchayat, filed by the petitioner, signatures of two members are available on the resolution and the signature of other members are not available on the resolution. One member, Ram Kumar, has complained that the petitioner got his thumb impression forcefully. On consideration of the entire facts and circumstances, the representation of the petitioner has been rejected.
The order passed by the District Magistrate is based on the material on record, which cannot be said to be unjustified. It is relevant to mention here that the resolution dated 26.10.2009 reveals that the post has fallen vacant on account of the resignation of Awadhesh Kumar, Panchayat Mitra and only three applications have been received. The petitioner has not filed any application. Therefore, he has not been considered. The petitioner has filed the writ petition in the month of May, 2011, challenging the selection of Jagbhan Singh, who was selected by the resolution dated 26.10.2009. There is no explanation for the delay in challenging the resolution of 2009 after two years.
In view of the above, I do not see any reason to interfere in the matter. In the result, the writ petition fails and is dismissed.
30.9.2011
bgs/-
