ORDER

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 28.10.2009 passed by the Additional Commissioner, Gwalior Division, Gwalior in Appeal No. 509/2008-09, by which the appointment of the petitioner on the post of Panchayat Karmi has been set aside in the appeal filed by Up-Sarpanch.

2. The necessary facts for disposal of this petition in short are that on 27.1.2006 the Department of Panchayat & Rural Development, State of M.P., issued a direction to all the Collectors to the effect that the Gram Panchayat must fulfill the vacant posts of Panchayat Karmi by 2.2.2006 and if the Gram Panchayat fails to fulfill the vacancy by 2.2.2006, then the Collector must take action under section 86 of the M.P. Panchayat Raj Adhiniyam, 1993 (in short “Adhiniyam, 1993”) and must issue a letter to the Sarpanch of the said Panchayat under section 86 (1) of the Panchayat Raj Avam Gram Swaraj Adhiniyam making him to compulsorily fill up the vacant posts of Panchayat Karmi/Secretary. If any Gram Panchayat fails to comply the order issued under section 86 (1) of the Adhiniyam, 1993, then the Chief Executive Officer of the concerning Janpad Panchayat