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2008 Supreme(MP) 477

A.K.PATNAIK, SHANTANU KEMKAR
Devidayal Raikwar – Appellant
Versus
State of M. P. – Respondent


Advocates:
Sanjay Patel for appellant; Kumaresh Pathak,
Deputy Advocate General, for respondents No.1 & 2.

ORDER

Patnaik, C.J. -- 1. This is an appeal filed under section 2(1) of the M.P. Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 14.3.2008 passed by learned Single Judge in Writ Petition No.2766 of 2008.

2. The relevant facts briefly are that the appellant applied for appointment to the post of Panchayat Karmi in Gram Panchayat Deri. The Gram Panchayat adopted a resolution on 17.8.2007 for appointment of respondent No.5 as Panchayat Karmi. Aggrieved, the appellant filed Writ Petition No.2766 of 2008 challenging the appointment of the respondent No.5 as Panchayat Karmi on various grounds. The learned Single Judge held in the impugned order that the appellant has an efficacious and alternative remedy under section 85 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (for short "the Adhiniyam") and accordingly disposed of the writ petition with liberty to the appellant to avail the remedy under section 85 of the Adhiniyam. Aggrieved, the appellant has filed this appeal.

3. Mr. San jay Patel, learned counsel for the appellant submitted that section 85 of the Adhiniyam vests power in the State Government and the prescribed authority to suspend a




















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