Case Law Details
1. This petition under Article 226/227 of the Constitution of India has been preferred by the Sarpanch of Gram Panchayat, Salakhiya questioning the legality and validity of the order dated 12.7.2005 (Annexure-P/3) whereby the Prescribed Authority cum Deputy Director, Panchayat and Social Welfare, Raigarh has notified respondent No. 1 as Panchayat Secretary of Gram Panchayat, Salakhiya. The petitioner has also assailed the order (Annexure -P/1) dated 29.6.2005 issued by the petitioner herself appointing respondent No. 1 as Panchayat Karmi of the said Gram Panchayat.
2. No-one appeared for the petitioner even when the matter was called out twice. However, considering the nature of issue involved and the objection raised by the respondents regarding maintainability of the writ petition, this Court proceeded to take up the matter for consideration.
3. The petitioner is the Sarpanch of Gram Panchayat Salakhiya. The petitioner has not submitted any resolution of the Gram Panchayat whereby she has been authorized to prefer this writ petition on behalf of the Panchayat. Since the petitioner herself was not a candidate for appointment as Panchayat Karmi or Panchayat Secretary, she was not aggrieved by appointment of respondent No.1. However, if it is permissible in law to maintain this writ petition on behalf of the Gram Panchayat, the petitioner should have raised the issue in Gram Panchayat for passing the resolution for challenging the orders Annexure-P/1 & P/3.
4. A Gram Panchayat is established under Section 10 of the CG Panchayat Raj Adhiniyam, 1993 (henceforth ‘the Act’) whereas Section 11 provides for incorporation of the Panchayat. It is provided therein that every Gram Panchayat, Janpad Panchayat and Zila Panchayat shall be body corporate by the name specified having perpetual succession and a common seal and shall be the said name, sue and be sued and shall subject to the provisions of this Act and the rules made there under, have power to acquire, hold or transfer property movable or immovable, to enter into contracts and to do all other things necessary for the purpose of this Act.
5. The manner in which Gram Panchayat is constituted is provided under Section 13. In exercise of powers conferred by the sub-section (1) of Section 95 read with Section 48 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, the State Government has enacted the Chhattisgarh Panchayat (Powers and Functions of Sarpanch and Up Sarpanch of Gram Panchayat, President and Vice-President of Janapad Panchayat and Zila Panchayat) Rules, 1994 (for short ‘the Rules, 1994’). Rule 3 of the Rules, 1994 are relevant for the present purpose which is quoted here under:-
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