LAWS(MPH)-1975-8-27

RAMNARAIN Vs. STATE OF MADH PRA

Decided On August 12, 1975
RAMNARAIN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) IN Tahasil Ashok-nagar (district Guna), there is a Gram Sabha area called "anwari Mafi". The Gram Sabha is for a group of villages, namely Padariya, Amvari, Barkbedi, Bansapur, Parasari, Tikaram, Gora Singwasa and Pachchadi Kheda. Under Section 10 of the M. P. Panchayats Act 1962, (hereinafter called the Act,) a Gram Panchayat was constituted for the said group of villages and was known as "anwari Mafi Gram Panchayat" consisting of 16 elected members; two womep co-opted members; and one representative of Adivasis.

(2.) BY a notification dated June 26, 1970, (published in the M. P. Rajpatra dated July 10, 1970), the State Government expressed an intention to exclude from the area of the Gram Panchayat Anwari Mail a certain portion of one of the above villages comprising the said Gram Panchayat (annexure C ). It was issued in exercise of powers under Section 360 (1) of the Act. However, the Gram Panchayat, Anwari Mafi, by a resolution dated March 15, 1970, (annexure-D) objected to the said intention of the State Government. The Sarpanch of the Panchayat filed a revision,

(3.) LATER on, the State Government by another notification dated September 24, 1970, expressed their intention to give over the entire area of the said Gram Panchayat to the administration of the Municipality (annexure F), and, further, the Stale Government, in exorcise of their power under Section 12 (2) of the Act, cancelled the election of the said Gram Panchayat.