HIGH CQURTOF CHHATTISGARH AT BILASPUR Writ Petition (Cl No. 1606 of2007 Petitioner :1. GramPanchayatChhuihaintheTahsiland Janpad Panchayat Bilaigarh Distt. Raipur through the Sarpanch Chhatra Pal Singh Banjare, S/o Khik Ram, Aged about 26 yeare, resident ofthe same Village Chhuiha Distt. Raipur[C.G.] 2. Om Prakash, S./o Puniram Barman, Aged about27 years, by Caste Satnami [ a person of Scheduled caste] resident of and holding post of Panch at Chhuiha Gram Panchayat in the Tahsil Bilaigarh Distt.Raipur [C.G.] Versus Respondents SB: :1. The ChiefExecutive Officer Japnad Panchayat Bjlaigarh Tahsii Bilaigarh Distt.Raipur[C.G.]. 2. The State of Chhattisgarh through the Principal Secretary Department of Panchayat and Social Welfare D.K.S. Bhawan Raipur Distt. Raipur [C.G.] 3. The Joint Director Panchayat and Social Welfare Raipur Distt, Raipur [C.G.] 4. The Coilector Raipur Distt. Raipur [C.G.] Hon'ble Shri Satish K. Aanihotri. J. ^\ Present: Mr. Janak Ram Verma, counsel for the petitioner. Mr. Utkars'n Verma, Dy. Govt.Advocate for the respondents No. 2 to4. ORDER (Passed on this 20 day of March, 2007) 1. By the order dated 23.12.2006 (P/2),the Secretary namely Shri Tikaram Shrivas was removed from the post of Panchayat Karmi/Secretary of the Gram Panchayat, Chhuiha. The petitioner-Gram Panchayat, Chhuiha with one Panch namelyShri Om Prakash has filed this petition seeking a relief that the Gram Panchayat in absence of the Secretary be permitted to withdraw the amount from the bank for the purpose of completing the construction undertaken by the Panchayst. 2. Admittedly, Gram Panchayat Bank Account is monitored by the Sarpanch and Panchayat Karmi/Secretary and in absence of Panchayat Karmi/Secretary the amount cannot be withdrawn. The Gram Panchayat )\ ^ cannot be permitted to operate the bank account in absence of the Joint signatjres ofthe Sarpanch and Panchayat Karmi/Secretary. Learned counsel appearing for the petitioner vehemently argued that the progress of building would come to an end in absence of such a direction of this Court. No direction can be issued which is contrary to the rules, particularly, in financial matters to allow a panch or a person i.e. Sarpanch aione to operats the account. The petitioner has made an application on 18.10.2006 (P/4), addressed to the Chef Executive OfRcer, Janpad Panchayat, Bilaigarh.requesting to appbint a person as Secretary, immediately, so that the construction work ofthe building would be completed. Learned counsel appearing for the petitioner further reiies on the provisions of Section 69 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, whereunder it was provided thatthe State Government or the prescribed authority may appoint a Secretary for a Gram Panchayat or group offcivo or more Gram Panchayats. On perusal of the papers and hearing the petitioner, it is clear that the petitioner has not made out any cass for grant of relief, as sought fcr, in this petition. However, in the interest of the Gram Panchayat, it is necessary to direct the Chief Executive Officer, Janpad Panchayat, Bilaigarh to take immediate steps for appointment of the Secretary for the concerned Gram Panchayat, so that the construction work wouid be completed in time. The Chief Executive Officer, Janpad Panchayat, Bilaigarh is accordingly directed to take steps for appointment of the Secretary for the concemed Gram Panchayat within a period of two weeks from the date of receipt of a copyofthisorder. 8. The writpetition isdisposed ofaccordingly. Bablu Sd/- SatishK.Agnihotri Judge