BRAJESH SHARMA Vs. NAGENDRA SINGH SISODIYA

JUDGEMENT

(1.) This Intra-Court appeal has been preferred by Brajesh Sharma against the Order of the Writ Court passed in Writ Petition No. 2071/08 (S) on Date 2-12-2009, whereby his appointment as Panchayat Karmi has been found to be contrary to the provisions of sections 70 and 86(2) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter for short referred to as the "Panchayat Act"), in a Writ Petition preferred by Nagendra Singh Sisodiya, who had raised a grievance that instead of passing a fresh Resolution on the basis of the misconduct of the Candidates, pursuant to an Advertisement Dated 27-7-2007, the Collector (Deputy Director, District Shivpuri) has unauthorizedly directed the Gram Panchayat to take steps to convene fresh exercise for the appointment of Panchayat Karmi.

(2.) The Record demonstrates that an Advertisement was issued on date 27-7-2007 by Gram Panchayat Bhainsravan, Tahsil Pohri, District Shivpuri for inviting applications for the Post of Panchayat Karmi, pursuant to which as many as 10 Candidates had submitted their applications and while considering their respective merits, a Resolution was passed by the Gram Panchayat on Date 10-8-2007, whereby one Devendra Kumar was appointed as Panchayat Karmi, instead of being less meritorious to Writ petitioner Nagendra Singh Sisodiya.

(3.) The appointment of Devendra Kumar, who was appointed by majority of members, was challenged before the Sub-Divisional Officer, who allowed the Appeal by his Order Dated 15-11-2007 and the Resolution passed by the Gram Panchayat on Date 10-8-2007 was set aside and consequently the Gram Panchayat was directed to pass a fresh Resolution while considering the merits of the Candidates.