MUKESH CHOUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 29.9.2009 passed by the Collector, Sagar dismissing the application filed by the petitioner for setting aside the resolution dated 31.8.2007 passed by the Gram Panchayat Saaji, Tehsil Banda, District Sagar, proposing appointment of respondent no.5 as Panchayat Karmi of the said Gram Panchayat.

(2.) THE brief facts, leading to the filing of the present petition, are that Gram Panchayat Saaji issued an advertisement on 30.7.2007 calling for applications from eligible candidates for appointment on the post of Panchayat Karmi. 17 persons including the petitioner and respondent no.5 applied for appointment and their cases were considered in the meeting of the Gram Panchayat dated 21.8.2007. The Gram Panchayat, in its resolution dated 21.8.2007, proposed appointment of one Rajendra, Son of Raghuvir Singh Lodhi, who had obtained only 51.2% marks. However, as the resolution of the Gram Panchayat was contrary to the instructions issued by the State Government, the Sub Divisional Officer Banda by order dated 25.8.2007 did not approve the appointment of Rajendra, Son of Raghuvir Singh Lodhi, and remitted the matter back to the Gram Panchayat for reconsideration. According to the merit-list prepared by the Gram Panchayat, the petitioner having secured 64.4% marks was placed at Serial No.1 while the respondent no.5 having obtained 55.5% marks was placed at Serial No.5. The Gram Panchayat thereafter again held a meeting on 31.8.2007 and resolved to appoint respondent no.5 Savitri Bai as Panchayat Karmi on account of the fact that she was the most meritorious OBC candidate. The petitioner, being aggrieved, had filed proceedings against the said resolution of the Gram Panchayat before the Sub Divisional Officer who by order dated 14.1.2008 quashed the resolution of the Gram Panchayat and ordered appointment of the petitioner. The respondent no.5, being aggrieved by the order of the Sub Divisional Officer, filed W.P No.1915/2008 before this Court which was allowed by order dated 4.3.2009 and the order of the Sub Divisional Officer was quashed on the ground that he had no jurisdiction to entertain an appeal against a resolution in view of the decision of this Court rendered in the case of Devidayal Raikwar vs. State of M.P., ILR (2008) M.P. 1370. The Court however granted liberty to the parties aggrieved to assail the resolution before the competent authority. The petitioner thereafter filed a Writ Appeal against the order passed by the learned Single Judge which was dismissed giving him liberty to avail the remedy as provided in the case of Devidayal Raikwar (supra), pursuant to which the petitioner approached the State Government who in turn remitted the matter back to the Collector for decision as the Collector is the notified authority under section 85 of the Madhya Pradesh Panchayati Raj Avam Gram Swaraj Adhiniyam, 1993. Pursuant to the aforesaid, the Collector, Sagar has passed the impugned order dated 29.9.2009 dismissing the application/appeal filed by the petitioner being aggrieved by which he has filed the present petition.

(3.) THE petitioner's stand is supported by the learned counsel appearing for the Gram Panchayat, respondent no.4, while the learned counsel for respondent no.5 submits that the petition is meritless as the petitioner was disqualified on account of the fact that he had more than two children living and as appointment by majority has to be given to a reserved category candidate.