DIPAK MISRA, S.R.WAGHMARE
Sagar Machhua Sahakari Samiti, Seoni – Appellant
Versus
Chief Executive Officer, Janpad Panchayat, Seoni – Respondent
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
1. Ramlakhan Rawat v. State of M.P. and others = [2000(1) JLJ 280
4. Om Prakash Verma v. State of M.P. = [1998(II) MPWN 30]
5. Ram Charan Ahirwar v. Sub-Divisional Officer
7. Satyabhan Singh Jadon v. State of M.P. = [1997(1) JLJ 391
8. Daman Singh v. State of Punjab = [AIR 1985 SC 973]
9. Arti Dutta v. M/s. Eastern Tea Estate (P) Ltd. = [(1988)1 SCC 523]
6. Ramnath Kaushik v. State of M.P. and others = [1999(1) JLJ 146
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