DEEPAK KUMAR TYAGI Vs. STATE OF M P

JUDGEMENT

(1.) Heard. 1. I.A. No.1853/2016 is an application for disposal of writ petition in view of decision in Suresh vs. Chief Executive Officer 2012 (1) MPHT 74; wherein, Division Bench of this High Court has held that the appointment of Panchayat Karmi can only be on the basis of merits and not by majority of votes. Paragraph 9 of said judgment culls out the said proposition in following terms :

(2.) Contention of the petitioner is that in the present case, the respondent No.8 was appointed on 3.9.2007 on the basis of majority of votes passed by Gram Panchayat, Janpad Panchayat, Rewa. Whereas, the circular -dated 13.8.2007 (Annexure P/3) issued by State Government envisaged the appointment of Panchayat Karmi on merits. It is contended that the resolution passed by Gram Panchayat was not in consonance with the State Government's policy led to its rejection by the Collector, accepting the recommendation by Sub -Divisional Officer (Revenue) Mauganj (Annexure R -8/4). The decision, it is urged, having been affirmed by the Commissioner, Rewa Division, Rewa vide order -dated 11.2.2008 has erroneously being interfered in Revision by the State Minister by misconstruing the policy dated 13.8.2007, by the order dated 21.7.2008 (Annexure P/13).

(3.) The reasons for setting aside the order passed by Collector and the Commissioner, find mention in revisional order in the following terms :