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2008 Supreme(MP) 49

DIPAK MISRA, S.R.WAGHMARE
Sagar Machhua Sahakari Samiti, Seoni – Appellant
Versus
Chief Executive Officer, Janpad Panchayat, Seoni – Respondent


Advocates:
P.L. Pandey and Sanjay Sharma for petitioners;
P.N. Dubey, Deputy Advocate General, and Alok Pathak, Government
Advocate, for State;
K.K. Trivedi with Ramesh Shrivastava, Smt. Sandhya Pathak and
Sanjay Saini for respondents.

ORDER

Misra, J. -- 1. Perceiving two sets of opinions, one rendered in Ramlakhan Rawat v. State of M.P. and others [2000(1) JLJ 280=2000(2) MPLJ 176] and S.K. Shrivastava v. Collector (Mining), Bhind [2001(2) Vidhi Bhasvar 103], laying down the law that appeal or revision does not lie against a resolution passed by the Gram Panchayat and the other in Hemlata v. State of M.P. [1997(2) Vidhi Bhasvar 113] and Om Prakash Verma v. State of M.P. [1998(II) MPWN 30], enunciating the principle that against the resolution of the Panchayat the remedy available is revision, the learned Single Judge thought it appropriate to refer the matter to a Larger Bench and framed two questions of law which are reproduced below :

"(1) Whether a resolution passed by the Panchayat or its standing committee is revisable?

(2) Whether the law laid down in Hemlata and Om Prakash or in Ram Lakhan and Sanjay Kumar Shrivastava decides the correct interpretation of section 91 of the Act?"

2. It is worth noting that a reference has been made in the order passed in WP No.4520/2006. To appreciate the terms of reference it would be apt to state the facts bereft of unnecessary details. Janpad Panchayat, Seoni issued an adv




































































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