Back
S.S. Jha, J.
Om Prakash Verma v. State of M.P.
W.P. No. 1188 of 1996 (C); Decided on 22.9.1997.*
(2) Panchayat (Appeal and Revision) Rules, 1995 (M.P.) -- Rr. 3 and 5 -- resolution of panchayat -- not appealable but revisable.
(3) Panchayat (Appeal and Revision) Rules, 1995 (M.P.) -- Rr. 3 and 5 -- resolution of panchayat -- not appealable but revisable.
¼1½ iapk;r jkt vf/kfu;e] 1993 ¼e-Á-½ & /kkjk 91 & iapk;r dk vkns‘k@ladYi & fu;eksa ds v/khu vihyuh;@iqujh{k.kh; gSA ¼2½ iapk;r ¼rFkk iqujh{k.k½ fu;e] 1995 ¼e-Á-½ & fu- 3 rFkk 5 & iapk;r dk ladYi & vihyuh; ugha gS fdarq iqujh{k.kh; gSA ¼3½ iapk;r ¼vihy rFkk iqujh{k.k½ fu;e] 1995 ¼e-Á-½ & fu- 5 rFkk 3 & iapk;r dk ladYi vihyuh; ugha gS fdarq iqujh{k.kh; gSA
The petition is against the order dated 26.6.96 (AnnexureP/1). Learned counsel for the petitioner submitted that the Sub-Divisional Officer had no jurisdiction to decide the appeal against the resolution passed by the Gram Panchayat. Learned counsel submitted that section 91 of the M.P. Panchayat Raj Adhiniyam (hereinafter referred to as 'the Adhiniyam') provides for appeal and revision according to the rules framed under the Adhiniyam. Under sec. 91 of the Adhiniyam rules known as M.P. Panchayat (Appeal and Revision) Rules (for short 'the Rules') have been framed. Rule 3 of the Rules provides that appeal shall lie against the orders passed by any authority of the Panchayat. However, rule 3 of the Rules which relates to appeal do not provide appeal against the, resolution. Rule 5 of the Rules provides for filing of revision. Rule 5 provides that the orders which are not included in rule 3 shall be revisable. On going through the provisions of section 91 of the Adhiniyam it is apparent that proceedings of the Panchayat can also be cha1lenged under the provisions of section 91 of the Adhiniyam.
Since proceedings are not included in rule 3 of the Rules, therefore, revisions shall lie against the resolution. The Sub-Divisional Officer is not empowered to hear revisions. As such, the order dated 26.6.96 (Annexure-P/1) is without jurisdiction and is therefore, quashed. The petition succeeds and is accordingly a1lowed.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
