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Madhya Pradesh High Court · body

2007 DIGILAW 585 (MP)

Abdul Hafiz v. Tariq Mohammad

2007-05-16

A.K.GOHIL, SANJAY YADAV

body2007
ORDER 1. Heard finally with the consent of the parties. 2. The appellant has filed this writ appeal under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 12.4.2007 passed by Writ Court in WP No. 5131/06 (S) filed by respondent No. 1. The dispute is between the appellant and respondent No. 1 about their status in the panchayat either as Panchayat Secretary or as Panchayat Karmi. Both are claiming the post on the basis of the various resolutions passed by panchayat from time to time. The learned Writ Court after considering the various resolutions allowed the writ petition filed by respondent No. 1 and directed to hold an inquiry and decide the question of termination of the appellant from the post of Panchayat Karmi as well as Panchayat Secretary and also the question of appointment of respondent No. 1 on the post of Panchayat Karmi as well as on the post of Panchayat Secretary, after providing opportunity of hearing to those who are parties in the writ petition. 3. With the consent of the parties, we dispose of this writ appeal with the direction that the Collector will hold an inquiry into the matter about the termination of the appellant on the post of Panchayat Karmi/Panchayat Secretary and the appointment of respondent No. 1 on the post of Panchayat Karmi/Panchayat Secretary and shall also consider the various resolutions passed by Panchayat from time to time and after providing opportunity of hearing to both the parties including Gram Panchayat shall decide the dispute within a period of two months from the date of their appearance before the Collector. Parties are directed to appear before the Collector on 28th May, 2007. The Collector will also issue notice to the Gram Panchayat. Parties shall have liberty to file their objection as well as the relevant documents before the Collector. If it is found that there is dipsute between the appellant and respondent No. 1 about the joining in the Gram Panchayat on the post of either Panchayat Karmi or Panchayat Secretary, that question shall also be considered and decided by the Collector. 4. With the aforesaid direction, this writ appeal is finally disposed of.