Full Judgment
W.P.No.15543/2011 14.12.2012: Smt.
Amrit Ruprah, learned counsel for the petitioner.
Shri B.P.Pandey, learned counsel for respondent State.
Smt.
Sudha Gautam, learned counsel for respondent No.4.
Shri Sameer Seth, learned counsel for respondent No.5.
The only dispute not subsisting for adjudication is as to whether the petitioner is disqualified from seeking appointment because he is related to the Sarpanch Shri Karan Singh as nephew.
Smt.
Ruprah, learned counsel for the petitioner submits that when the initial process of appointment was undertaken in the year 2008 and when the original resolution dated 13.7.2008 was passed appointing respondent No.5 as Panchayat Karmi and when the cause of action accrued to the petitioner, at that point of time there was no relationship between the petitioner and Sarpanch and Shri Karan Singh was not Sarpanch at that point of time.
If that be so, this disqualification alleged by respondent No.5 may not be available.
Accordingly, Smt.
Ruprah is granted two weeks time to file appropriate affidavit.
List in the week commencing 13.1.2013.
(Rajendra Menon) Judge mrs.mishra