BHOLARAM VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner challenges the resolution dated 16-5-2005 (Annexure P-2) whereunder it was resolved to appoint the respondent No. 5 as Panchayat Karmi in Gram Panchayat Rewaghan, Tehsil Dongargarh, District Rajnandgaon and the order dated 25-6-2005 (Annexure P-4) passed by the Sub Divisional Officer, Dongargarh holding that the Sub Divisional Officer has no jurisdiction to entertain revision/appeal under provisions of Panchayat (appeal and Revision) Rules, 1995

(2.) THE indisputable facts in nutshell are that the petitioner having obtained 49% marks in the 10th examination, made an application alongwith others for appointment on the post of Panchayat Karmi in Village Panchayat, Rewaghan. On the basis of marks, the name of the petitioner was placed at serial No. 1 and the name of the respondent No. 5 was placed at serial No. 3 as the respondent No. 5 has got 34% marks in the 10th examination certificate. THE petitioner and one Pekhanlal obtained equal votes, the respondent No. 5 who was at serial No. 3, was considered for appointment in the resolution dated 19-4-2005 (Annexure P-l) passed by the Gram Panchayat. THE said resolution was thereafter approved by the Gram Sabha in its resolution dated 16-5-2005 (Annexure P-2). After approval of the resolution by the Gram Sabha, no appointment order was issued. However, the respondent No. 5 was permitted to work as Panchayat Karmi/Secretary.

(3.) LEARNED Counsel appearing for the respondent No. 4 categorically submitted that no person can he permitted to work as Panchayat Karmi without proper order, pursuant to the resolution passed by the Gram Panchayat and Gram Sabha.