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SHANTANU KEMKAR
Prajapal Singh – Appellant
Versus
State of M. P. – Respondent
1. This is a petition filed under Article 226 of the Constitution of India.
2. The relevant facts of the case briefly are that petitioner applied for the appointment to the post of Gram Panchayat Karmi in Gram Panchayat, Balodiya District Mandsaur. The Gram Panchayat adopted the resolution dated 8.6.2002 for the appointment of the petitioner as Gram Panchayat Karmi. Aggrieved, the 4th respondent Ramchandra filed an appeal under section 91 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (For short "Adhiniyam") before the Sub Divisional Officer. The Sub Divisional Officer did not find any illegality in the resolution by which the petitioner was selected and appointed as Panchayat Karmi. He accordingly dismissed the appeal filed by the 4th respondents vide order dated 31.1.2003 (Annexure P-12).
3. Aggrieved, the 4th respondent filed Revision No. 52/02-03 before the Additional Collector Mandsaur. The Additional Collector Mandsaur vide order dated 28.7.2003 (Annexure P-13) allowed the revision holding that on perusal of the record of Gram Panchayat it appears that the petitioner has been wrongly selected. It has been further observed that in spite of there being othe
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