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2010 Supreme(MP) 293

SHANTANU KEMKAR
Bherulal – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Milind Phadke for petitioner;
Vivek Patwa, Dy. Government Advocate for respondents No.1 to 5.
Smt. Jyoti Tiwari for respondent No.6;
M.A. Bohra for respondent, No.7.

ORDER

1. Heard

2. Briefly stated the petitioner was appointed on the post of Panchayat Karmi vide resolution dt. 9.4.2007 passed by the Gram Panchayat Rajpura, Jila Panchayat Jeerapur, District Rajgarh. The said resolution was challenged by the seventh respondent Toofansingh before the Sub-Divisional Officer (for short SDO) Khilchipur in Appeal No.3 7B-121 /2006-07. However the appeal was dismissed by the SDO vide order dt. 2.6.2007 (Annexure P/6) holding it to be not maintainable. Aggrieved the seventh respondent preferred a revision before the Additional Collector, Rajgarh (Biaora). The Additional Collector, Rajgarh vide order dt. 12.6.2007 (Annexure P/7) set aside the order passed by the SDO, holding that against the decision of the Gram Panchayat making appointment on the post of Panchayat Karmi the appeal was maintainable before the S.D.O. As a result the order of SDO passed on 1.6.2007 was set aside and the matter was remanded to the SDO, Khilchipur for fresh decision.

3. The said order of the Additional Collector was challenged by the petitioner before the Additional Commissioner in Revision No. 174/R/2006-07. The Additional Commissioner vide order dl. 5.6.2008 set aside the or











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