Smt. Keshari Chandrakar Vs State of Chhattisgarh and Ors.

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 4510 of 2009

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Smt. Keshari Chandrakar, W/o Shri Satish Chandrakar,, Aged about 32 years, R/o Mahasamund, Tehsil and District Mahasamund, Chhattisgarh.

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---- Petitioner

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Versus

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1. The State of Chhattisgarh, through the Secretary, Panchayat and Social Welfare Department, Mantralay at DKS Bhawan, Raipur, Chhattisgarh.

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2. The Director, Panchayat, Chhattisgarh/ Appellate Authority, Raipur, Chhattisgarh.

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3. The Collector, Mahasamund, Chhattisgarh.

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4. The Chief Executive Officer, Janpad Panchayat, Mahasamund, Tehsil and District Mahasamund, Chhattisgarh.

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5. Project Officer, Women and Child Development Officer, Mahasamund, District Mahasamund, Chhattisgarh.

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6. Smt. Hiriya Bai, D/o Shri Ganga Prasad Satnami, R/o Village Pali Mahasamund, Tehsil and District Mahasamund, Chhattisgarh.

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---- Respondents

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(Cause Title is taken from Case Information System)

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For Petitioner	: Mr. Bharat Rajput, Advocate
For State	: Mr. Atanu Ghosh, Deputy Government Advocate
For Respondent No.4	: None
For Respondent No.6	: Mr. Mayank Chandrakar, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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19.07.2024

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1. The petitioner has challenged the order dated 30.06.2009 passed by respondent No. 2, which was affirmed by respondent No. 3 in Appeal Case No. 22/A-89/2002-03 vide order dated 11.01.2005 with the following relief(s):-

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“10.1) This Hon'ble Court may kindly be pleased to quash/set aside the impugned order dated 30.6.2009 (Annex. P-12) passed by the respondent no.2 and the order dated 11.1.2005 (Annex. P-8) passed by the respondent no.3; &

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10.2) Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner together with cost of the petition.”

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Brief facts of the present case are that an advertisement was issued for ‘Anganwadi Worker’ by Janpad Panchayat Pali; the petitioner, respondent No. 6 and other eligible candidates submitted their application forms. After due scrutiny, the petitioner was found eligible and she was appointed by the Chief Executive Officer, Janpad Panchayat Mahasamund (for short, the CEO) vide order dated 04.08.2003 (Annexure P-2). Pursuant to the appointment order, the petitioner joined her services on 06.08.2003 (Annexure P-3). Whereas the candidature of respondent No. 6 was not considered mainly on the ground that she failed to submit acceptance of the resignation certificate of her husband issued by the competent authority as her husband was Pancha/office-bearer of the Gram Panchayat-Pali. Thereafter, respondent No. 6 preferred an appeal before respondent No. 3/Collector, Mahasamund which was allowed vide order dated 11.01.2005 (Annexure P-8) on the ground that the resignation was tendered by the husband of respondent No. 6 on 05.02.2003 and the same was accepted by the Gram Panchayat and a resolution was passed in this regard on 14.03.2003. Thereafter, the petitioner preferred a revision before respondent No. 2/Director, Panchayat which was dismissed and the findings recorded by respondent No. 3/Collector Mahasamund were affirmed.

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1. Learned counsel appearing for the petitioner submitted that the petitioner was appointed to the post of Anganwadi Worker vide order dated 04.08.2003 and she joined her services on 06.08.2003. He further submitted that the husband of respondent No. 6 was ‘Pancha’ of Gram Panchayat-Pali, and did not tender his resignation prior to the submission of the application form; therefore, the candidature of respondent No. 6 was rejected. He also submitted that though an application was moved before the Sarpanch on 05.02.2003, it was not moved before the appropriate authority and it was not accepted by the competent authority as per the provisions of Section 37 of the Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short, the Act, 1993). He contended that the Collector, Mahasamund as well as the Director, Panchayat committed an error of law in setting aside the appointment order issued in favour of the petitioner.

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1. On the other hand, the learned counsels appearing for the respondents submitted that there are concurrent findings recorded by the Collector, Mahasamund as well as the Director, Panchayat. They further submitted that resignation was submitted on 05.02.2003 by the husband of respondent No. 6 before Sarpanch, Gram Panchayat-Pali and a resolution was passed by the Gram Panchayat-Pali on 14.03.2003. It is also submitted that since the resignation tendered by the husband of respondent No. 6 was accepted by the competent authority i.e. Gram Panchayat, the decision taken by the appointing authority whereby the candidature of respondent No. 6 was rejected was erroneous, and the Collector, Mahasamund rightly allowed the appeal preferred by respondent No. 6 and the same was rightly affirmed by the Director,

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Panchayat. They stated that this petition is misconceived and is liable to be dismissed.

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1. I have heard learned counsel appearing for the parties and perused the documents available on the record.

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1. Admittedly, the husband of respondent No. 6 namely, Ganga Prasad was a ‘Pancha’, Ward No. 2 of Gram Panchayat-Pali. It is evident from Annexure R-6/2 that resignation was tendered by the husband of respondent No. 6 before Sarpanch, Gram Panchayat-Pali on 05.02.2003; a resolution was passed by the Gram Panchayat on 14.03.2003 and the resignation tendered by the husband of respondent No. 6 was accepted by the majority.

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1. The petitioner as well as respondent No. 6 submitted their applications for the post of ‘Anganwadi Worker’, Center-Pali, and the candidature of respondent No. 6 was rejected on the ground that she failed to submit a certificate of acceptance of resignation of her husband, who was Pancha/office bearer of Gram Panchayat-Pali.

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1. The petitioner was appointed vide order dated 04.08.2003 by the CEO, Mahasamund, which was challenged in appeal by respondent No. 6 before the Collector, Mahasamund. The appeal was allowed on 11.01.2005 on the ground that the resignation tendered by the husband of respondent No. 6 was in accordance with law and it was accepted by the Gram Panchayat and a resolution was also passed in this regard. The order passed by the Collector was affirmed by the Director, Panchayat.

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1. The issue involved in the present case is whether the resignation tendered by the husband of respondent No. 6 namely, Ganga Prasad

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was rightly accepted by the competent authority.

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1. Section 37 of the Act, 1993 deals with the resignation of the officebearer of Panchayat, which provides as under:-

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“37. Resignation of office-bearer of Panchayat. -

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(1) A Panch of a Gram Panchayat or a member of Janpad Panchayat or a member of Zila Panchayat may resign his office by giving notice in writing to that effect to the Sarpanch or President as the case may be.

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(2) The Sarpanch or Up-Sarpanch of a Gram Panchayat or the President or Vice-President of a Janpad Panchayat or Zila Panchayat may resign his office by giving notice in writing to the prescribed authority.

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(3) The manner of giving notice and procedure for tendering resignation and its becoming effective shall be as may be prescribed :

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Provided that a person tendering resignation may withdraw his resignation before it becomes effective.”

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1. According to Schedule –II appended to the Act, 1993, the competent authority to accept the resignation of Gram Panchayat is the District Joint Director , Deputy Director , Panchayat and Social Welfare Department.

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1. The Chhattisgarh Panchayat (Resignation) Rules, 1995 , prescribes a procedure, and manner to accept the resignation of a Pancha or members of Panchayat. Rule 3 deals with the manner of giving notice, and Rule 4 deals with acceptance of resignation. According to Rule 3, a member who desires to resign his office has to submit Form ‘A' duly signed by the Sarpanch or the President, as the case may be, and a copy of the said notice shall also be sent to the Secretary or the CEO. It further says that the Secretary or the CEO shall record on the notice the date on which and the time at which the notice was given to him and

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give a receipt thereof in Form ‘B’.

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1. Rule 4 says that on receipt of the notice under Rule 3, the Secretary or CEO shall forward such notice immediately to the District Deputy Director, Panchayat and Social Welfare and the Collector.

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1. A conjoint reading of Section 37 of the Act, 1993 and Rules 3 & 4 of the Rules, 1995 would make it clear that if an office bearer tenders his resignation before the Secretary/CEO, such authority shall record on notice the date on which and the time at which the notice was given, and shall forward such notice immediately to the District Deputy Director, Panchayat and Social Welfare and the Collector, as the case may be.

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1. In the present case, the resignation was tendered by the husband of respondent No. 6 on 05.02.2003 before the Sarpanch and after a few days, a resolution was passed by the Gram Panchayat.

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1. Rule 3(2) of the Rules, 1995 states that the authority after receipt of notice shall record on notice the date on which and the time at which the notice was given and shall provide such office receipt thereof in Form ‘B,’ which has not been complied with in the present case.

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1. It is also evident from the proceedings of the Gram Panchayat that the copy of the resignation tendered by the husband of respondent No. 6 namely, Ganga Prasad was not forwarded to the District Deputy Director, Panchayat and Social Welfare, therefore, it can be held that the resignation was not accepted by the competent authority and the husband of respondent No. 6 was an office bearer of the Gram Panchayat-Pali when she submitted her application form for the aforesaid post and when the petitioner was appointed.

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1. The Collector allowed the appeal preferred by respondent No. 6 on the

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ground that the resignation was tendered by Ganga Prasad/husband of respondent No. 6 and the same was accepted by the Gram Panchayat, and a resolution was also passed, but it was not a compliance of Section 37 of the Act, 1993 and Rules 3 and 4 of the Rules, 1995. Therefore, the findings recorded by the Collector, Mahasamund and affirmed by the Director, Panchayat are erroneous and contrary to the Law and Rules, therefore, both orders are hereby set aside and the appointment of the petitioner is restored .

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Accordingly, the instant petition is hereby allowed.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nadim

Smt. Keshari Chandrakar v. State of Chhattisgarh and Ors.

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Smt. Keshari Chandrakar v. State of Chhattisgarh and Ors.

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