(1.) THIS appeal is directed against an order dated 26.7.2011 in W.P.No. 9374 of 2011 by which the writ petition preferred by the respondent No.7 was allowed and the interim order passed by the Additional Commissioner, Jabalpur Division, Jabalpur dated 23.5.2011 in pending revision in favour of the petitioner, dated 11.3.2011. By order dated 23.5.2011 the Additional Commissioner had stayed the order of the Collector dated 11.3.2011. The Collector by order dated 11.3.2011 notified respondent No.7 as Secretary of Gram Panchayat under Section 69(2) of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.
(2.) THIS order has been assailed by the appellant on the ground that appointment of the Panchayat Karmi is entirely different issue to the issue of vesting powers of Secretary of Panchayat Karmi. It is submitted by him that his appeal before the Additional Commissioner assailing vesting power of Secretary of respondent No.7 was a different issue and ought to have been decided by the Commissioner in accordance with law and the learned Single Judge erred in interfering in the interim order passed by the Additional Commissioner staying the aforesaid conferral of powers of the Secretary on respondent No.7 under Section 69(2) of M.P. Panchayat Raj avam Gram Swaraj Adhiniyam,1993. 2. To appreciate the aforesaid contention we have perused the record. Facts of the case are that the petitioner and respondent No.7 were the rival applicants for the post of Panchayat Karmi in Gram Panchayat, Patori. The respondent No.7 was appointed as Panchayat Karmi and his appointment as Panchayat Karmi is under challenge before the Sub Divisional Officer, Sihora. In the meantime the Collector, Jabalpur issued an order under Section 69 (2) of the Adhiniyam,1993 conferring powers of Secretary on respondent No.7. THIS order of the Collector was challenged by the petitioner/appellant before the Additional Commissioner, Jabalpur Division, Jabalpur. The Additional Commissioner, Jabalpur Division, Jabalpur granted interim stay in respect of conferral of powers of the Secretary on respondent No.7 which order was assailed by the respondent No.7 before the learned Single Judge. The learned Single Judge in W.P. No.9374/11 allowed the petition, set aside the order of the Additional Commissioner and directed the appellant herein to press his appeal before the S.D.O. challenging the order of appointment of respondent No.7 as Panchayat Karmi.