( 1 ) THE present reference has arisen in a different factual matrix inasmuch as certain provisions of Madhya pradesh Panchayat Raj Evam Gram Swaraj adhiniyam, 1993 (for brevity 'the Act') that were incorporated by way of amendment into the aforesaid statute faced assail pertaining to their constitutional validity in the case of Jankidas Bairaghi v. State of M. P. , (2001)2 MPHT 227 wherein a Division Bench declared the provisions under attack as constitutionally valid and dismissed the writ petition in limine, and thereafter when the present writ petition was filed challenging the enactment the same Division Bench issued notice and when the matter was placed for final hearing the Bench hearing the matter recorded a finding that the learned counsel appearing for the petitioners had a sanguine grievance with regard to a singular provision and had no cavil in respect of any other provision and accordingly thought it condign to recommend the matter to be referred to a larger Bench and resultantly, the matter has been placed before us for adjudication in respect of the question which is as under : "whether the provision of sub-section (2)of Section 6 of the Panchayat (A