LAWS(MPH)-2019-11-24

KAPIL DEV SHARMA Vs. STATE OF MADHYA PRADESH

Decided On November 18, 2019
Kapil Dev Sharma Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) The instant petition has been filed questioning the validity of order dated 29.07.2016 (Annexure-P/20) passed by the Additional Commissioner, Sagar Division, Sagar. Before the Additional Commissioner, the selection on the post of Panchayat Karmi for village Runguwan was under challenge and the selection of the petitioner on the said post was questioned by respondent No.7 and in the order impugned finally it was held that instead of the petitioner, respondent No.7 was eligible to have been appointed as he was a resident of village Runguwan.

(3.) The petitioner challenged the said order mainly on the ground that the order passed by the Commissioner was illegal and contrary to the direction given by this Court in earlier round of litigation giving liberty to the petitioner to avail the alternative remedy of appeal and this aspect in respect of the liberty granted to the petitioner, has not been taken note of by the Commissioner in proper manner.