JITENDRA SINGH Vs. RAMBABU

JUDGEMENT

(1.) This writ appeal filed under section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the order dated 13.10.2010 passed by learned Single Judge in Writ Petition No. 4899/2008, whereby while allowing the writ petition and quashing the impugned order, the writ Court has remitted the matter to the Gram Panchayat to pass appropriate resolution in regard to recruitment and appointment of Panchayat Karmi after considering the comparative merits of the candidates who had applied pursuant to the advertisement in terms of the circulars issued by the State Government. The primary ground of challenge raised by the appellant herein is that the writ Court while rendering the impugned order has misapplied the law laid down by the judgment of this Court in the case of Dhyanendra Singh and another v. State of Madhya Pradesh and others, 2007 1 MPHT 291, and the question of locus of the petitioner Rambabu and Rajendra Singh (respondents No. 1 and 2 herein) has not been considered.

(2.) The arguments of learned counsel of the rival parties are heard and the record of the writ appeal as well as writ petition are perused.

(3.) Taking the issue of locus first, it is noticeable that in the return filed by the respondents No. 1, 6 and 7, objection of petitioners having no locus to agitate the issue was specifically taken and therefore, it is necessary for this Court to deal with the same, especially when the said issue was not dealt with by the writ Court.