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2003 Supreme(MP) 966

DIPAK MISRA, S.K.KULSHRESTHA, K.K.LAHOTI
Sakhi Gopal Agrawal – Appellant
Versus
State of M. P. – Respondent


Advocates:
M.L. Jaiswal, Ms. Maya Verma, Rakesh Jain, P. Shandilya, Ms. Sudha Pandit, Ashok Agrawal, V.K. Jain, Prashant Singh, B.B.L. Agrawal, Manish Datt, Ms. Shobha Menon, Ravindra Shrivastava, Champalal Yadav, R.D. Bapat, A.S. Shrivastava, V.L. Palsikar, Ashok S. Garg, M.V. Apte, A.G. Dhande, Anil Shrivastava, N.K. Dave, Shobhit Aditya, Sanjay K. Agrawal, Alok Aradhe, P.N. Pathak and Bhoop Singh for petitioners; R.S. Jha, Deputy Advocate General for respondents.

ORDER

Misra, J. -- 1. Expressing the view that the issues involved are of immense significance and placing reliance on the decisions rendered in the cases of Abdul Taiyab Abbasbhai Malik and others v. The Union of India and others, 1976 JLJ 706 = AIR 1977 MP 116 and Balkrishan Das v. Harnarayan, 1979 JLJ 745 = 1979 MPLJ 644, wherein it has been herd that the existence of two earlier conflicting decisions on the same point is not a condition precedent to make a reference for a decision of a question by a Larger Bench, the Division Bench referred the matter in entirety to be adjudicated by a Larger Bench and that is how the batch of cases has been placed before us.

2. The bunch of matters can be categorised into two compartments: in one batch, assail is to certain provisions and rules of the M.P. Municipal Corporation Act, 1956 (for brevity 'the Act') as ultra vires and, in the other, challenge is to the certain provisions of M.P. Municipalities Act, 1961 (in short 'the Municipalities Act') and the rules framed for carrying out the purposes of the said statute. As the assail and attack is to the constitutional validity of such provisions in both the enactments relating to the impositio
























































































































































































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