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2014 Supreme(MP) 504

A.M.KHANWILKAR, SHANTANU KEMKAR
State of M. P. – Appellant
Versus
Abhinesh Mahore – Respondent


Advocates:
R. D. Jain, Advocate General, P. K. Kaurav, Samdarshi Tiwari, Govt. Advocate and Swapnil Ganguly, Dy. Govt. Advocate for petitioners; A. M. Trivedi, Ashish Trivedi, Vivek Rusia, Shekhar Sharma and R. Gupta for respondents.

ORDER

1. Heard counsel for the parties.

2. These review petitions have been filed for recalling of order passed by us on 14.10.2014 in Writ Petition No.12777/2014 [Reported in 2014(III) MPWN 93] and companion cases heard on that day.

3. The principal objection of the State and which is the ground for review is about the observation found in the order that the Governor must consider the objections “himself” before forming subjective satisfaction about the necessity to exclude or include certain areas within the limits of Municipal area.

4. The argument proceeds that all decisions of the Governor are essentially on the basis of aid and advise of the Council of Ministers as is the mandate of Article 163 of the Constitution of India. According to the learned Advocate General, keeping in mind the observations of the apex Court in paragraphs 8 and 9 in the case of State of Uttar Pradesh v. Pradhan Sangh Kshetra Samiti AIR 1995 SC 1512, the observations in our order that the Governor must consider the objections “himself”, need to be recalled and in any case be explained or modified accordingly.

5. On the other hand, the argument of the respondents (writ petitioners) is that the observation fo














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