RAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) WITH the consent of learned Counsel for the parties, petition is heard finally.

(2.) CHALLENGE in the present writ petition is to an order dated 18-3-2008 passed by the Additional Collector Damoh; whereby the resolution of Gram panchayat Bisnakhedi passed on 26-8-2007 and the order dated 27-8-2007 passed by Sarpanch, Gram Panchayat Bisnakhedi was set aside. The impugned order has been passed by the Additional Collector in exercise of his revisional powers under M. P. Panchayats (Appeal and Revision) Rules, 1995.

(3.) THE contention of the learned Counsel for the petitioner is that the appointment of the petitioner since was in accordance with the Panchayat karmi Scheme notified by the Govt. of M. P. In the Panchayat and Rural development Department on 12-9-1995 by following the procedure as laid down under Clauses 4. 4 and 4. 5 it could not have been subjected to challenge in revision. It is contended, that the order passed by the Gram Panchayat or the sarpanch is appealable under Rule 3 (1) of the Rules of 1995, and though the objection were raised before the Additional Collector, however, the same were brushed aside in cryptic manner and the Additional Commissioner, in usurpation of appellate powers passed the impugned order, which, it is urged, is without jurisdiction.