(1.) AGGRIEVED by the order dated 23.03.2010 (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 this petition are that petitioner was appointed on the post of Panchayat Karmi vide resolution dated 12.04.2006 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 21.03.2007 (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 Panchayat Raj Avam Gram Swaraj Adhiniyam. He accordingly dismissed the case filed by the 2nd respondent.
(3.) IN pursuance to the order dated 22.10.2010 passed in Writ Petition No. 2972 of 2008 (s) the Revisional Authority of the State Government gave opportunity of hearing to the parties and after considering their contentions set aside the order passed by the Collector and the Additional Commissioner and also cancelled the petitioner's appointment on the post of Panchayat Karmi. It has been held by the Revisional Authority that though the 2nd respondent was entitled for appointment having received more marks than the petitioner in the 10th standard examination he has wrongly not been given appointment and the petitioner who received less marks was wrongly given appointment. Aggrieved the petitioner has filed this petition.