1. By this petition, the petitioner challenges the order dated 11.9.96 (Annexure P-7) of the Deputy Director, Panchayat and 'Social Services, Narsinghpur, by which he has directed the Sarpanch of the Gram Panchayat, Nargi, to appoint Panchayat Karmi in the said Gram Panchayat after inviting applications in this behalf and it has been clarified that the removed Secretary of the Panchayat viz., Laxman Pd. Sharma (respondent No. 8) would also be free to make such an application. By amendment in the petition, the petitioner has also challenged the appointment of respondent No.8 by order dated 14.8.97 (Annexure 11 D) passed by the Up-sarpacnh of the said Gram Panchayat, by which the respondent No. 8 has been appointed as Panchayat Karmi cum Secretary of the said Panchayat.

2. The case of the petitioner, in short, is that by Annexure P-1, the Deputy Director, Panchayat and Social Services, (respondent No.5), under the instructions of the Collector, Narsinghpur, directed Sarpanch of the Gram Panchayat Nargi (respondent No.6) that the post of Secretary be treated as vacant in the said Panchayat and steps should be taken in accordance with the Panchayat Karmi Yojna to fill up this vacancy. In pursuance of the said direction of the Collector to the Deputy Director, Panchayat and Social Services, the Gram Panchayat considered the applications of four persons in its meeting dated 17.8.98 and the petitioner was selected on the basis of percentage of marks obtained by him in Matriculation Examination and fulfilment of the qualifications as per the eligibility criteria laid down. The petitioner has filed copy of the proceedings of the Gram Panchayat as Annexure P-2. In pursuance of the said proceedings, appointment order dated 17.8.96 (Annexure P-3) was issued, by which by virtue of appointment of the petitioner as Panchayat Karmi, he was also appointed as a Panchayat Secretary. The petitioner has placed on record the documents evidencing his having joined on the said post and taking over charge, but later by the impugned order Annexure P-7 dated 11.9.96, the Deputy Director, Panchayat and Social Services, directed that the post. be treated as vacant in pursuance of the order dated 4.7.96 (Annexure P-1) and steps be taken to fill up the post in accordance with the scheme. The petitioner contends that this communication has been sent by the Deputy Director apparently in ignorance of the fact that the post already stood filled up by the appointment of the petitioner, which was duly communicated to the Deputy Director, Panchayat and Social Services, of which the acknowledgement has been placed on record as Annexure P-6 The petitioner further submits that against the said order/communication, the petitioner filed an appeal Annexure P-9 to the Collector and Annexure P-10 to the Commissioner, Jabalpur, as it was not clear as to who would be the appellate authority against the said order Annexure P-7 since the order had been passed under the directions of the Collector. Since the appeal of the petitioner was not decided either by the Collector or the Commissioner and no step were taken in connection therewith, the petitioner filed this petition.

3. During the pendency of this petition there were other developments and Ganesh Prasad Mehra was appointed on the post of Secretary of the respondent No.6 Gram Panchayat Nargi, but later withdrawn. Thereafter, by Annexure P-11(A) one Jagdish Awasthy was placed in charge of the Gram Panchayat, with the result, the Gram Panchayat by resolution dated 13.8.97 postponed selection of a new Panchayat Karmi/Secretary, which was earlier scheduled on 14.8.97. However, the Up-Sarpanch of the Gram Panchayat then issued another order Annexure P-11(D) dated 14.8.97, by which he appointed respondent No. 8 Laxman Sharma on the post of Panchayat Karmi/Secretary in reference to the same order of the Collector. The petitioner has, therefore, by amendment, challenged the order Annexure P-11(D) on the ground that Laxman Sh