JAI PRAKASH BATHAM Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India, the Petitioner has challenged the order dated 2-2-2011 passed by the Commissioner, Chambal Division Morena, whereby the appeal of Respondent No. 5 - Balram Sharma has been allowed by directing to appoint him on the post of Panchayat Karmi of Gram Panchayat Bargawan by further directing to confer secretarial powers of Gram Panchayat to him.

(2.) According to the Petitioner, he is the local resident of village Bargawan, Tehsil Karahal, District Sheopur, where he is having immovable/ancestral property. He has also filed a domicile certificate (Annexure P/2). Further it has been pleaded that the Petitioner is the member of Other Backward Class community and had secured 56.14% marks in the High School Examination and is also having qualification of Masters Degree in Arts. The certificates have been filed and they are collectively marked as Annexure P/3.

(3.) The State Government, in exercise of power under Sections 69 and 70 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'Adhiniyam') has framed a policy for appointment of Panchayat Karmi on 12-9-1995. A copy of the policy is marked as Annexure P/4. Thereafter, another policy has been framed on 27-1-2006 (Annexure P/5), whereby power of appointment of Panchayat Karmi has been delegated to Collector on account of failure of Gram Panchayat to make requisite appointment. In exercise of power under Section 86 of the Adhiniyam, the State Government has directed the Chief Executive Officer to appoint the Panchayat Karmi. According to the policy, the appointment of Panchayat Karmi should be made on merit and preferential right to appoint members of Scheduled Caste, Scheduled Tribes, Other Backward Classes and Women candidates, should be given. Under the policy, the procedure of appointment has been specified to the effect that appointment on vacant post of Panchayat Karmi shall be made by inviting applications or preparation of merit list. It also provides that on the basis of merit a list shall be prepared and it will be sent to the Collector for approval and after obtaining the approval, appointment order shall be issued to the meritorious candidates.