STATE OF M P Vs. RAJESH KUMAR GUPTA

JUDGEMENT

(1.) This appeal is directed against an order dated 7.2.2012 passed in Writ Petition No. 190/2011(S) by which the learned Single Judge has set aside the order of SDO (affirmed by the Collector and Commissioner in appeal and revision respectively) by which the SDO set aside the resolution of Gram Panchayat dated 17.8.2008. By this resolution, the respondent was appointed as Panchayat Karmi. This order was challenged before the learned Single Judge on the ground that the SDO was having no jurisdiction to entertain an appeal against the resolution passed by the Gram Panchayat. Learned Single Judge considered the case on merits and found that the SDO was having no jurisdiction to entertain the appeal against the resolution passed by the Gram Panchayat and quashed the order. This order is under challenge in this appeal. This appeal is also barred by limitation by 56 days for which the appellant-State has moved an application under section 5 of the limitation for condonation of delay.

(2.) So far as the legal position in respect of entertaining an appeal by the SDO against the resolution is concerned, the Division Bench of this Court in Sagar Machhua Sahakari Samiti, Seoni v. Chief Executive Officer, Janpad Panchayat, Seoni and another, 2008 2 MPLJ 194, has already considered the legal position and has held that against such a resolution no appeal lies, however, against consequential order issued by the Panchayat for appointment of the Panchayat-Karmi, appeal lies. The Division Bench in Sagar Machhua Sahakari Samiti , has considered the law and has held thus:

(3.) In view of the settled position of law in Sagar Machhua Sahakari Samiti , if the learned Single Judge has set aside the order of the SDO. no fault is found.