ABDUL HASAN QURESHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS order disposes of W. P. No. 7007/08 and W. P. No. 7163/08. Reference to annexures is taken from Writ Petition No. 7163/08 unless otherwise mentioned. Petitioner of Writ Petition No. 7163/08 is hereinafter described as 'a' and of Writ Petition No. 7007/08 is hereinafter described as 'r'.

(2.) SHORT facts involved in the petitions are that an advertisement marked as Annexure P-4 was issued on 5-8-2007 by Gram Panchayat Magron, block Batiyagarh, District Damoh, inviting applications thereby for the post of panchayat Karmi in the said Gram Panchayat. Petitioners of both the writ petitions and certain other applicants made their respective applications pursuant to the said advertisement. A meeting of the Gram Panchayat was convened and after considering the applications, 'a' was selected and appointed by majority of Panchas for the post of Panchayat Karmi and a resolution to this effect was passed on 29-8-2007, vide Annexure P-5. An order of appointment was, accordingly, issued in favour of 'a' on 29-8-2007, vide Annexure P-6. Pursuant thereto 'a' gave his joining on 31-8-2007. Collector Damoh issued necessary Notification declaring 'a' as Panchayat Karmi vide his order dated 12-10-2007, vide Annexure P-10. 'r' challenged the appointment of 'a' before the Sub Divisional Officer, Hata, District Damoh, by way of filing an appeal on the ground that she was more meritorious in comparison to 'a'. Appeal was rejected on 8-10-2007, vide Annexure P- l1.

(3.) AGGRIEVED by it, 'r' preferred a revision wherein learned Additional collector, Damoh granted stay on 5-10-2007 in her favour. 'a' submitted an application under Order 7 Rule 11 of Code of Civil Procedure before the Addl. Collector that no appeal was provided before the Sub Divisional Officer against the resolution and, therefore, the order passed by the Sub Divisional Officer on 8-10-2007, vide Annexure P-ll is without jurisdiction and hence not revisable. However, the learned Addl. Collector rejected this objection and maintained the stay order on 4-12-2007, vide Annexure P-12. This was further challenged by 'a' before this Court in Writ Petition No. 17225/07. Learned Single Judge on 18-1-2008 directed for maintenance of status quo. From the record, it seems that ultimately this writ petition bearing W. P. No. 17225/07 was disposed of by the division Bench of this Court on 9-4-2008 with a direction that 'a' will be allowed to continue as Panchayat Karmi/secretary of Gram Panchayat Magron subject to the result of the revision pending before the Revisional Authority. The revisional Authority (Addl. Collector Damoh), ultimately, vide order dated 28-5-2008 marked as Annexure P-l5, allowed the revision holding that 'r' was the most meritorious amongst the applicants and was entitled to be appointed on the post of Panchayat Karmi of Gram Panchayat Magron. Accordingly, the appointment of 'a' was held illegal and was cancelled. 'r' was directed to be appointed on the said post and the Chief Executive Officer Janpad Panchayat batiyagarh was directed to issue the appointment order in her favour. Aggrieved by the same, 'a' preferred second revision before the State Minister for panchayat and Rural Development Department, Govt. of Madhya Pradesh, who vide her order dated 9-6-2008 marked as Annexure P-18, stayed the order of the Addl. Collector dated 28-5-2008 (Annexure P-15) and remitted the matter for final adjudication to the Commissioner, Sagar Division.