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1997 DIGILAW 734 (MP)

Goverdhani Bai v. State of M. P.

1997-11-05

T.S.DOABIA

body1997
JUDGMENT The legal arguments which have been raised in this petition are : (i) that on account of provisions made in the M.P. Panchayat Raj Adhiniyam by M.P. Ordinance No. 4/97, a Sarpanch cannot be placed under suspension u/s 39. It has been specifically pointed out that power which was conferred u/s 39 (1) (b) has been expressly withdrawn by the aforementioned ordinance. (ii) that even if it is presumed that such an order could be passed then the matter has to be reported to the State Government within a period of 10 days and the State Government has to take further action within a period of 90 days. It be seen that the Ordinance in question came into force on 2nd of October 1997. The order of suspension was passed on 27th of September, 1997. As such, the amended law will not come to the rescue of the petitioner. It has been further argued that as there is no saving provision in the Ordinance, therefore, whatever action has been taken u/s 39 (1) (b) should be deemed to have lapsed on the enforcement of the Ordinance. It be seen that even if there is no clause which protects or saves the action already taken, yet, the provisions contained in the M.P. General Clauses Act, 1957 would come into play. Section 6 of the above Act is specific in this regard. When there is no provision in the Amending Act then whatever is mentioned in the General Clauses Act gets automatically incorporated in the amended provision. In this situation, it cannot be said that order Annexure P/1 would come to an end. Faced with this situation, the learned counsel for the petitioner submits that the order in question has not been communicated to the State Government. In order Annexure P/1, there is an endorsement to the effect that the copy of the order along with charge-sheet, show cause notice is being sent to the State Government. This order would continue to operate for a period of 90 days. It will lapse if the State Government passes no order. As such, no relief can be granted, at this stage. The State Government would take notice of the situation which is there in the statutory provision and pass an order within a period of 90 days one way or the other. Disposed of accordingly.