Vijay Kumar Shukla, J. - (1.)In the instant appeal, a challenge has been made to the order dated 13.12.2017 passed by the learned Single Judge, whereby the petition filed by the petitioner bearing W.P. No. 4052/2017 has been dismissed.
(2.)The appellant/petitioner challenged the order dated 11.02.2014 (Annexure P-8) passed by the Additional Commissioner whereby the appeal filed by the respondent no.7 was allowed and the appointment of the petitioner as Panchayat Karmi of Gram Kheri Grampanchayat Nareta, District sagar has been set-aside and the respondent no.7 has been directed to be appointed as Panchayat Karmi.
(3.)In short, the facts of the case are that a resolution dated 05.06.2009 was passed by the Gram Panchayat, Nareta wherein it was resolved to appoint the appellant as a Panchayat Karmi. Being aggrieved by the aforesaid resolution of the Grampanchayat, the respondent no.7 submitted an objection before the Tehsildar, Sagar. By order dated 29.06.2009 the said objection was rejected by observing that as per the provisions of Section 69 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred as the "Adhiniyam") no appointment of any close relative or associate could be made on the post of the Panchayat Karmi/Secretary. It was further mentioned that the resignation letter of the mother of respondent no. 7 has not been duly approved in the meeting of the Grampanchayat nor any resolution regarding the acceptance of resignation has been drawn, therefore, the respondent no.7 could not have been appointed as Panchayat Karmi. Respondent no. 7 submitted an objection before the Additional commissioner, Sagar regarding the appointment of the petitioner-appellant and on the basis of such objection, the respondent no.2, Additional Commissioner, Sagar directed the Sub-Divisional Officer, Rehli District Sagar (respondent no.4) to enquire in to the matter. After enquiry, the appointment of the appellant was found to be in accordance with law and no illegality was found in the appointment of the petitioner. The objection was rejected by the S.D.O. Rehli vide Annexure P-3. Thereafter, appellant was notified as a Panchayat Secretary under Section 69(1) of the "Adhiniyam" by order dated 06.08.2009. The said order was challenged in the appeal before the Additional Commissioner, Sagar and the Additional Commissioner, Sagar by order dated 11.02.2014 set aside the order of the appointment of the appellant as the respondent no.7 had scored higher marks than the appellant. He held that the appointment was to be made as per the merit and the respondent no.7 could not have been treated to be disqualified as the resignation of his mother has already been accepted. He directed for the appointment of the respondent no.7 being more meritorious than the present petitioner/appellant. The order of the Commissioner was challenged in the Writ Petition (W.P. No. 4052/2014) which has been dismissed by the impugned order. Being aggrieved by the aforesaid order the present appeal has been filed.