RAMKINKAR VISHWAKARMA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal under section 2 of the Madhya Pradesh Uchcha Nyayataya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by order dated 21-10-2010 passed in Writ Petition No. 11352/2009 by the learned Single Judge. The brief facts leading to the filing of the present appeal are that pursuant to proceedings for appointment of a Panchayat Karmi taken by the Gram Panchayat, Banjari, Janpad Panchayat, Sidhi an advertisement was issued on 8-3-2006 pursuant to which the appellant who was at serial No. 6 of the merit list was recommended for appointment as majority of votes of the Panchas present were cast in his favour. Admittedly, in the merit list prepared in accordance with the Panchayat Karmi Scheme, respondent No. 5 Ravikumar Singh, was placed at serial No. 1 while respondent No. 6 Pushpraj Singh was placed at Serial No. 3.

(2.) As the appellant was appointed ignoring the merit of respondent Nos. 5 and 6, respondent No. 6 challenged the appointment of the appellant by filing an appeal before the Collector, Sidhi who allowed the same and directed the Panchayat to conduct proceedings afresh in accordance with the rules. Being aggrieved with the order of the Collector, dated 18-8-2006 the appellant filed a revision before the Commissioner, who rejected the same on 5-8-2008.

(3.) While the revision filed by the appellant was pending before the Commissioner, respondent No. 5 who was the most meritorious candidate in accordance with the merit list submitted an application for intervention before the Commissioner, which has also been rejected. Being aggrieved with the rejection of his application for intervention as well as the order passed by the Commissioner, respondent No. 5 filed a further revision before the Minister of the Panchayat Department who upheld the order passed by the Collector and while recording a finding that respondent No. 5 was the most meritorious candidate having received 63% marks directed that he be appointed as Panchayat Karmi vide order dated 8-9-2008.