AIR 1990 MADHYA PRADESH 96 ::1989 MPLJ 817

Madhya Pradesh High Court

Hon'ble Judge(s): V. D. Gyani, S. D. Jha , JJ

Madhya Pradesh Panchayat Act (35 of 1981) , S.17B, S.80(3)— Administrative committee - Constitution and appointment of its members - Collector has no power to make order appointing members. The constitution of the Administrative Committee and appointment of members thereto by the Collector and in absence of a Notification notifying him as the 'Prescribed Authority', as required by S.17-B of the Act is wholly without any jurisdiction. Further S.17-B of the Act, as newly introduced, requires that before the 'Prescribed Authority' constitutes and appoints members of an Administrative Committee for any GraMadhya Pradeshnchayat, there has to be an order made by the State Government declaring that there shall be a Committee for any particular GraMadhya Pradeshnchayat. The exercise of power in the matter of constitution of such a Committee depends on and pre-conditioned by such a @page-MP97 declaratory order on the part of the State Government. No such order was pleaded to have been passed, much less placed on record. In the circumstances, the subsequent action taken by the Collector, in absence of an order by the State Government was illegal.(Para 19 20) .....