DEVIDAYAL RAIKWAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal filed under Section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 14-3-2008 passed by learned Single Judge in W. P. No. 2766 of 2008.

(2.) THE relevant facts briefly are that the appellant applied for appointment to the post of Panchayat Karmi in Gram Panchayat, Deri. The gram Panchayat adopted a resolution on 17-8-2007 for appointment of respondent No. 5 as Panchayat Karmi. Aggrieved, the appellant filed Writ petition No. 2766 of 2008 challenging the appointment of the respondent No. 5 as Panchayat Karmi on various grounds. The learned Single Judge held in the impugned order that the appellant has an efficacious and alternative remedy under Section 85 of the M. P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short 'the Adhiniyam') and accordingly disposed of the writ petition with liberty to the appellant to avail the remedy under Section 85 of the adhiniyam. Aggrieved, the appellant has filed this appeal.

(3.) MR. Sanjay Patel, learned Counsel for the appellant submitted that section 85 of the Adhiniyam vests power in the State Government and the prescribed Authority to suspend an order on resolution of the Gram Panchayat and does not provide for any appeal or revision against the appointment of panchayat Karmi by the Gram Panchayat.