The court dismissed a writ petition challenging the appointment of a Panchayat Assistant who was the wife of the brother of a Gram Panchayat member. The court held that since the government order did not prohibit such appointments, the appointment was valid.
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Court No. - 37
Case :- WRIT - A No. - 18107 of 2021
Petitioner :- Renu Yadav Respondent :- State Of U P And 8 Others Counsel for Petitioner :- Gokaran Singh Counsel for Respondent :- C.S.C.,Amarjeet Yadav,Rameshwar Prasad Shukla
Hon'ble Siddhartha Varma,J.
Heard Sri Gokaran Singh, learned counsel for the petitioner, Sri Amarjeet Yadav, learned counsel for the Caveator, Sri Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha.
This writ petition has been filed with a prayer that the appointment given to the respondent No.7 as a Panchayat Assistant/Accountant-cum-Date Entry Operator be set aside. Learned counsel for the petitioner stated that as the respondent No. 7 was the wife of the brother of a member of the Gram Panchayat, the appointment of respondent No.7 could not be done. Learned counsel for the petitioner has relied upon Clause 17 of the Government Order dated 25.07.2021 and has stated that the wife of the brother of a member of a Gram Pradhan could not be appointed.
Learned Standing Counsel has opposed the writ petition and has stated that only certain relatives were prohibited from being appointment and the wife of the brother of a member of a Gram Sabha was not prohibited. Further, learned Standing Counsel has stated that the brother of the husband of the respondent no. 7 had resigned on 28.7.2021 as was clear from the representation.
Having heard the learned counsel for the parties, the Court is of the view that when the Government Order did not prohibit the wife of the brother of a member of the Gram Pradhan from
being appointed then she was not prohibited from being appointed.
Under such circumstances, the writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 31.3.2022 vkj
Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.04.04 12:39:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the appointment of the wife of the brother of a Gram Panchayat member was prohibited under the relevant government order.
1 provisions across 1 enactments
Renu Yadav
State Of U P
Siddhartha Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
