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1999 Supreme(MP) 802

S.S.JHA
Ram Lakhan Rawat – Appellant
Versus
State of M. P. – Respondent


Advocates:
M.C. Jain for petitioner; K.N. Gupta, Govt. Advocate for State;
N.K. Gupta for respondents 3 & 4;
R.D. Jain, Arun Mishra, Arvind Dudawat and Jitendra Maheshwari
amicus curiae.

ORDER

1. Petitioner is aggrieved by the order dated 14.1.1997 passed by the Collector. Morena in revision (Annexure P/6) The revisional Court has set aside the order passed by the Sub-Divisional-officer in appeal and quashed the appointment of the petitioner as Panchayat Karmi.

2. Learned counsel for the petitioner submitted that the order Annexure P/6 passed by the Collector is without jurisdiction. Under Section 91 of the Madhya Pradesh Panchayat Raj Adhiniyam. 1993 (hereinafter, referred to as the Adhiniyam') remedy of either appeal or revision is available. He submitted that the order of the revisional Court is without jurisdiction.

3. Learned counsel for the petitioner further submitted that even otherwise, resolution passed by the Panchayat is neither appealable nor revisable under the provisions of the Adhiniyam. Therefore, the appeal before the Sub-Divisional-Officer was not competent. He further submitted that since the appeal itself was not maintainable, therefore, any order in revision is without Jurisdiction and the entire proceedings culminating into revision deserve to be quashed.

4. Counsel for the respondents submitted that in the light of the decision of Division Bench




























































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