ASHA KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ appeal has been filed by the appellant being aggrieved by the order dated 31.8.2016 passed by learned Single Judge in W.P. No.330 of 2010, wherein, in third round of litigation, impugned order passed by the District Magistrate Morena in favour of the appellant vide Annexure P/1 has been set-aside so also the consequential resolution of the Gram Panchayat, Pacher, district Morena, passed in its meeting dated 24.8.2009 and a direction was given to Gram Panchayat to reconsider the candidature of the petitioner who is respondent no.4 in this writ appeal for appointment to the post of Panchayat Karmi/Secretary Gram Panchayat, Pacher.

(2.) Learned counsel for the appellant submits that an advertisement was issued on 24.5.2006 inviting applications for appointment as Panchayat Karmi. Vide order dated 18.7.2006, one Sandeep Dohare was appointed as Panchayat Karmi. On 20.6.2007, Collector Morena had allowed the appeal preferred by present appellant and one Jovendra Singh assailing appointment order of Sandeep Dohare. Sandeep Dohare had challenged the order of Collector by filing W.P.No.3960 of 2007 which was allowed with a direction to Gram Panchayat to appoint a Panchayat Karmi by adopting correct procedure of selection instead of election through raising of hands. This order of High Court is dated 1.4.2008. Thereafter on 9.4.2008 Collector Morena had directed Sarpanch Gram Panchayat Pacher, Janpad Panchayat Sabalgarh, to appoint Smt. Asha Kushwah on the vacant post of Panchayat Karmi on the basis of merit. The communication reads as under : ...[VARNACULAR TEXT OMITTED]...

(3.) On 9.4.2008, Sarpanch had issued an appointment order in favour of present appellant in pursuance to the directions of the Collector Morena dated 8.4.2008 and the directions issued by the High Court in W.P.No.3960 of 2007 (S) Annexure P/9. Vide Annexure P/10 dated 11.4.2008 Collector had conferred secretarial powers upon appellant in exercise of authority under Sec. 69 (1) of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam 1993 (hereinafter would be referred as "Adhiniyam of 1993"). This order of Gram Panchayat, appointing appellant was challenged by respondent No.4 by filing W.P.No.5432 of 2008 pointing out that he is more meritorious than Smt. Asha Kushwah as he had secured 65% marks in High School and being also a handicap person as against 57% marks of the present appellant in High School and therefore, he was more meritorious than the present appellant. This writ petition was decided by the High Court vide order dated 10.7.2009 (W.P.No.5432 of 2008) Annexure P/8 and after taking into consideration the facts, it was observed as under :