PRAJAPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition filed under Art. 226 of the Constitution of India.

(2.) THE relevant facts of the case briefly are that the petitioner applied for the appointment to the post of Gram Panchayat Karmi in Gram Panchayat, balodiya District Mandsaur. The Gram Panchayat adopted the resolution dated 8-6-02 for the appointment of the petitioner as Gram Panchayat Karmi. Aggrieved, the 4th respondent Ramchandra filed an appeal under Section 91 of the M. P. Panchayat Raj Evam Swaraj Adhiniyam, 1993 (for short "adhiniyam") before the Sub Divisional Officer. The Sub Divisional Officer did not find any illegality in the resolution by which the petitioner was selected and appointed as Panchayat Karmi. He accordingly dismissed the appeal filed by the 4th respondents vide order dated 31-1-2003 (Annexure P-12 ).

(3.) AGGRIEVED, the 4th respondent filed Revision No. 52/02-03 before the Additional Collector, Mandsaur. The Additional Collector, Mandsaur vide order dated 28-7-03 (Annexure P-13) allowed the revision holding that on perusal of the record of Gram Panchayat it appears that the petitioner has been wrongly selected. It has been further observed that in spite of there being other meritorious candidates, the petitioner has been selected not on merits but by way of majority of votes in the meeting which is contrary to the criteria of selection fixed by the Panchayat Karmi Scheme notified by the Government of madhya Pradesh. The petitioner challenged the aforesaid order passed by the additional Collector by way of revision before the Additional Commissioner, ujjain. The Additional Commissioner vide order dated 8-4-02 (Annexure P-14)dismissed the petitioner's revision. Hence, this petition.