SOMANT SINGH DANGI Vs. STATE OF M.P

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the petitioner has challenged the resolution passed by Gram Panchayat, Annexure P -1, dated 7/8.3.2006. The resolution is challenged on the singular ground that on the strength of majority of members selection cannot be done and it has to be done on the basis of merits. On the strength of judgment (Dhyanendra Singh and another vs. State of MP and others, 2007 1 MPHT 291) and (Prajapal Singh vs. State of MP and others, 2009 1 MPLJ 640), it is contended that this point is no more res integra. In the said judgments, the Court has opined that selection of a candidate cannot be done on the majority of votes.

(2.) SHRI Vivek Khedkar and Shri Arun Dudawat have not disputed the aforesaid legal position nor they have disputed that selection of respondent No.5 is based on majority of votes.

(3.) CONSIDERING the aforesaid, since said judgments squarely cover the present matter, impugned resolution, Annexure P -1, is set aside.