Amendment status not verified — confirm the current text below against the official source.
Functions of Chief Executive Officer and Secretary.-The functions of Secretary of a Gram Panchayat,i Chief Executive Officer of Janpad Panchayat and I[Chief Executive Officer of ZlIa Panchayat] . shall be such as may be prescribed. . Rules:- The State Government has made the following rules in exercise of the powers conferred by this section. These Rules shall be found under Rules given separately. 1 Subs. by M.P. 26 of 1994 [30.5.94) for the words "Secretary ofZila Panchayat". • • • • • • ';'- 8.70 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)123 1 Panchayat by adopting a resolution was not correct either on facts orin law. Ramlakhan Rawat v. State of M.P., 2000(2) MPLJ 176 = 2001(J)JLJ 280, [OVERRULED]. Devidayal Raikwar v. State of M.P., 2009(1) JLJ 7 = 2008(4) MPLJ 647 = 2008(3) MPHT 505[DB]. [5]In every Gram Panchayat there is only one post of Pane hay at Karmi and there cannot be reservation in case of a single post. Lallu Kal v. State of M.P., 2008 (4) MPLJ 418 = 2009(1) MPWN 27. [6]As empowered by S.86(1), Gram Panchayats can make appointments afPanchayat Karmi after a period of thirty days. Lallu Kal v. State of M.P., 2008 (4) MPLJ 418 = 2009(1) MPWN 27. [7] Selection & appointment by C.E.O. not permitted.-Far the purpose of S.69 prescribed authority is Collector and for -So70 Collec- tor/Add!. Collector. Therefore, on failure to discharge the liability ofS.86(2) the process of selection and appointment ofPane hay at Karmi must be made by them or under their close surveillance and approval but selection and appointment done since inception till completion by the Chief Executive Officer, without any approval of the prescribed authority. Such action cannot be recognized, akin to approval the act of prescribed authority and do not have the protection under the provisions ofthis Act as specified under sub-section (2)ofSection 86 of the Act. Moreover as per the discussion made hereinabove, it is apparent that C.E.O. has acted with the bias of arbitrari- ness in the matter of preparation of selection list, therefore, .also selection panel and process of selection is liable to be quashed. Ramniwas v. State of M.P., 2008 (2) MPLJ 297 = 2008(3) JLJ 136. [8]Powers of Collector u1s.86.-The Panchayat failed to comply direc- tions issued ufs.70 of appointing a Panchayat Karmi. In such a case, the Collector as the prescribed authority had the power under Sub-section (2) ofS. 86 to authorise the Chief Executive Officer of Pane hay at to appoint a Panchayat Karmi. Leelawati v. State ofM.P., 2008(4) MPHT 470 = 2008(3) MPWN 86 [DB]. [9] Proper order of Appointment is essentia!.- The resolution of a decision in a meeting is not the order which can be given effect to. There should be a proper order pursuant to the resolution for appointment to the post of Panchayat Karmi. Respondent NO.5has been permitted to work as Panchayat Karmi on the basis ofresolution passed by the Gram Panchayat and approved by Gram Sabha. No legal order has been passed appointing him on the post of Panchayat Karmi. With regard to the next contention that the relatives, i.e. the brother and the upcle are elected Up Sarpanch and Sarpanch of the Panchayat is concerned, that also disqualifies the respondent NO.5for being appointed as Panchayat Karmi. The SDO has rightly reje1:te<ttheappeal1tevision.Bholilfam1Verma~v. State ofChhattis- garh, 2007(3) MPHT 25(CG). [10] Court cannot exercise suo motu powers.-Court cannot suo motu .decide whether the resolution adopted by the Panchayat was in VIOlationof Clause 3.4 of the Parichayat Karmi Yojna. Whether there has been such a violation or not could be decided only after replies were filed by the respondents and not at the stage ofmotion or admission. Mana}Kumar Yadav v. State of M.P., 2008(4) MPHT 22 = 2008(ll) MPWN 70 [DB]. • • " .'. • , • , • of prescribed authority appoint such other officers and servants as it considers necessary for the efficient discharge of its duties. (2) The qualifications. method of recruitment. salaries. leave. al- lowance and other conditions of service including disciplinary matters of such officer and servants shall be such as may be prescribed. COMMENTARY