B.C.VARMA, D.M.DHARMADHIKARI
Mukund Das – Appellant
Versus
State of M. P. – Respondent
B.C. Verma, J. -- 1. In this and in other connected writ petitions Nos. 3334, 2484, 2118, 2194, 2216, 2277, 2376, 2506, 2523, 2923, 3312, 3482, 3573, 3061, 3607, 3608, 3612, 3621, 3631, 3635, 3636, 3643, 3659, 3661, 3666, 3697, 3702, 3189, 2415, 3616, 3617, 2383, 3699, 2262, 2258, 3703, 2382 and 2249 of 1990 and 3, 4, 5, 10, 47, 49, 101, 102, 110, 216, 217, 255, 274, 415, 463 and 218 of 1991, the disposal of which shall be governed by this order, challenge is the legislative competence and the vires of certain provisions of the Madhya Pradesh Panchayat Raj Adhiniyam 1990, (Act No. 13 of 1990) and Rules made thereunder.
2. The Indian polity has recognised the Village Panchayats and Janpad Panchayats as the basic units of a Government. With the awakening of the desire to participate in the governance of the State, the demand for decentralisation of political power increased. In the erstwhile State of C.P. & Berar there were two Acts -- The Central Provinces and Berar Panchayats Act, 1946 and the Central Provinces and Berar Local Government Act, 1948. Similar enactments were in force in the former State of Madhya Bharat, the Vindhyachal Pradesh Region. Bhopal Region and Sironj R
7. Bates v. Lord Hailsham of St. Mary lebone = [(1972) 1 W.L.R. 1373)]
13. Management of M/s. Nally Bharat Engg. Co. Ltd. v. State of Bihar = [(1990) 2 S.C.C. 48]
19. M/s. Nally Bharat Engg. Co. Ltd v. State of Bihar = [(1990) 2 S.C.C. 48]
20. Neelima Mishra v. Harinder Kaur Paintal = [(1990) 2 S.C.C. 746]
31. See Umesh Pandey v. State of M.P. & others = (1989 JLJ 550)
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