MAHESH Vs. STATE OF M P

JUDGEMENT

(1.) Aggrieved by the order dated 23-3-2010 (Annexure P-17) passed by the Competent Authority of the State Government allowing the revision filed by the 2nd respondent against the order passed by the Additional Commissioner the petitioner has filed this petition under Article 226 of the Constitution of India.

(2.) The brief facts necessary for disposal of his petition are that petitioner was appointed on the post of Panchayat Karmi vide resolution dated 12-4-2006 passed by the Gram Panchayat Walka, Tahsil Bhikangaon, District Khargone on the basis of majority. The said resolution of appointment of the petitioner as Panchayat Karmi was assailed by the 2nd respondent before the Collector Khargone. The Collector Khargone vide order dated 21-3-2007 (Annexure P-9) recorded the finding that the resolution of the Panchayat appointing the petitioner as Panchayat Karmi is legal and just at the same time he also held that the said resolution cannot be cancelled by him under the provisions of section 85(1) of the Madhya Pradesh Panchyat Raj Avam Gram Swaraj Adhiniyam. He accordingly dismissed the case filed by the 2nd respondent.

(3.) Aggrieved the 2nd respondent filed a Writ Petition No. 2365 of 2007(s) before this Court challenging the order dated 21-3-2007 passed by Collector, Khargone. On 4-5-2007 this Court permitted the 2nd respondent to withdraw the petition with liberty to file appeal against the iMPLJgned order of the Collector within 30 days before the Appellate Authority. Accordingly, the 2nd respondent filed an Appeal No. 227/2006-07 before the Appellate Authority. The Appellate Authority Additional Commissioner, Indore Division vide order dated 28-9-2007 (Annexure P-12) held that the appointment of the petitioner on the post of Panchayat Karmi by the Gram Panchayat on the basis of decision taken by majority of votes to be just and proper, as a result dismissed the appeal filed by the 2nd respondent.