(1.) CHALLENGING the order dated 6.9.2011 Annexure P/9 passed by the Collector, Umariya in the matter of appointment of Panchayat Karmi in Gram Panchayat, Pali, District Umariya, this writ petition has been filed.
(2.) AN advertisement was issued by the Gram Panchayat vide Annexure P/1 on 3.9.2007 calling for eligible candidates to submit their application for appointment to the post of Panchayat Karmi. One of the condition stipulated in the advertisement was that the candidate should be a local resident of Gram Panchayat Pali. The applications were to be submitted between 3.9.2007 to 17.9.2007. Petitioner Shri Domari Baiga and respondent No.6 Shri Santosh Kumar Yadav submitted their candidature for appointment to the post in question. The applications were scrutinized by the Gram Panchayat and both were found eligible for consideration along with 16 other candidates. In all 18 applications were received. The applications were placed before the Gram Panchayat, the matter was taken up for hearing on 26.10.2007 in the meeting of the Gram Panchayat and in the merit list prepared it was found that respondent No.6 is more meritorious, he had received 65.8% marks, petitioner received 65% marks and was at Srl. No.2. However, by casting of votes and on the basis of majority a resolution was passed on 26.10.2007 appointing the petitioner as Panchayat Karmi. In pursuance to the same an order was also passed on 27.10.2007 appointing the petitioner as a Panchayat Karmi. Respondent No.6 being more meritorious, challenged the resolution before the Sub Divisional Officer and the said appeal filed by the respondent was dismissed by the Sub Divisional Officer vide order dated 27.10.2007 Annexure P/7. On a further appeal being filed, the same having been allowed by the Collector and respondent No.6 having been granted appointment, petitioner has filed this writ petition.
(3.) I have heard learned counsel for the parties at length and perused the record. Before taking up for consideration the two grounds raised by Shri V. D. S. Chouhan, it is thought appropriate to analysis the order passed by the Collector as contained in para 9 dated