Phool Singh Marko Gond vs State of M.P. and others

Rajendra Menon, J.—Shri S. K. Tiwari for the petitioner.

Shri Rajesh Tiwari, Govt. Advocate, for respondents 1 to 3.

Shri A. K. Chourasiya for respondents 5, 6 and 7.

This writ petition has been filed by the petitioner challenging the order-dated 12-9-2006 - Annexure P/12, passed by the Collector exercising powers of appeal against the resolution passed by the Gram Panchayat on 13-6-2006 in the matter of appointment of petitioner as a Panchayat Karmi, and the order-dated 4-12-2007 - Annexure P/19 passed by the Commissioner affirming the same.

Even though various grounds are raised in this writ petition, the legal question involved pertains to tenability of the appeal before the Collector with regard to resolution passed by the Gram Panchayat on 13-6-2006. A perusal of the records indicate that respondent No. 5 Manohar Yadav challenged the resolution dated 13-6-2006 and the Collector has exercised jurisdiction and has interfered with the resolution quashing the same by the impugned order.

In the light of the law laid down by the Division Bench of this Court, in the case of Devidayal Raikwar Vs. State of M.P. and Others, ; and another judgment passed by a Division Bench of this Court, in the case of Basant Kumar Verma vs. State of M.P. and others, ILR (2009) MP 16, an appeal against the resolution of the Gram Panchayat was not maintainable and, therefore, the jurisdiction exercised by the Collector and the Commissioner in revision are unsustainable.

Accordingly, this petition is allowed. Orders impugned, passed by the Collector - Annexure P/12 dated 12-9-2006, and by the Commissioner -Annexure P/19 dated 4-12-2007, are quashed and liberty is granted to the aggrieved person to file appropriate appeal against the orders that may be passed by the Gram Panchayat, on the basis of the resolution in question.

In case any appeal is filed on the basis of the order passed, or to be passed, the Competent Authority shall decide the matter on merits and shall not dismiss it on the grounds of delay.

With the aforesaid liberty, this petition is disposed of.

Certified copy as per rules.