DHIRAJ BANKE Vs. STATE OF M.P.

JUDGEMENT

(1.) With consent of learned counsel for the parties the matter is heard finally.

(2.) Petitioner calls in question the correctness of Order dated 24.2010; whereby the Commissioner, Narmadapuram Division, Hoshangabad has set aside the appointment of the petitioner as Panchayat Karmi from Panchayat Maniyakhedi, Janpad Panchayat, Timarni on the ground of his being a relative of a sitting Panch.

(3.) Relevant facts briefly are that recourse to appointment of Panchayat Karmi, Gram Panchayat Maniakhedi, Timarni has taken in pursuance to order dated 4.6.2009 passed by Collector, Hoshangabad which culminated in order of appointment of the petitioner being more meritorious, on 8.9.2009. However, the resolution was set aside by the Collector on the finding that the petitioner's mother was a Panch when the decision was taken for appointment of Panchayat Karmi, who tendered her resignation after said date on 27.6.2009. Collector ordered for fresh selection which was taken recourse. As the petitioner had 72 % in comparison to respondent No. 4 who had 72.6 %, the petitioner was again appointed in a fresh selection process by order dated 1.10.2009. On an exception being taken thereof by respondent No. 4 in appeal, the impugned order came to be passed.