VIKRAMSINGH Vs. COLLECTOR DIST DEWAS

JUDGEMENT

(1.) The order in this petition shall also govern the disposal of Misc. Petition No.1057 of 1989 (Babulal S/o Durgaji Patel v. The Collector, District Dewas and another) and Misc. Petition No.1062 of 1989 (Rameshwar S/o Chainsingh v. The Collector, District Dewas and another), as all these petitions, relate to constitution and appointment of a committee, otherwise known as Administrative Committee for respective Gram Panchayats.

(2.) The Government of Madhya Pradesh, on 11th July, 1989, promulgated an Ordinance No.3 of 1989 known as Madhya Pradesh Panchayat, (Sanshodhan Tatha Vidhi Manyakaran) Adhyadesh, 1989, (for short 'the Ordinance) amending thereby Ss.15 and 17 of the M.P. Panchayat Adhiniyam, 1981 (for short 'the Act'). This was followed by Memo No. 2670/22 Panchayat Raj/89 dated 12th July, 1989, and Memo No. 2684/22/ Panchayat Raj/89 dated 17th July, 1989. Further clarified by Memo No.2711-1562-22-Panchayat Raj-89 dated 21st July, 1989 which provided for guidelines to be followed in the matter of appointment of members of the Administrative Committee. These Memos have been filed as Annexures-1 and 2 to the petition.

(3.) The petitioner has challenged the order No.1245 dated 24-7-1989 (Annexure-3) passed by respondent No.1, Collector, Dewas, who in purported exercise of powers conferred by S.17(4) read with S.80(3) of the Act appointed sixteen persons named therein, as members of Administrative Committee for Gram Panchayat Tonk-Kala.