Amendment status not verified — confirm the current text below against the official source.
C. Second revision.-[lJMter disposal of the revision before the Commissioner the respondent NO.5 filed the second revision before the Minister. Revision so filed was maintainable. Ramkinkar Vishwakarrna v. State of M.P., 2012(2) MPW 690 ':= 2012(3) MPHT 253. [21Scope of Second revision.-Second revision against the order of the Commissioner passed in first revision is maintainable., Sar- ' panch, Gram PanchQyat, BhQrjuna Khurd v. l;iaittqsh Singh, 2010{4) MPW417. ' " .'.', "'!," " ' , !3] 8ec!Jnd revision ,!!J0uld.be maintainable.-The ,question is whether a suo motu revisional power can be exercised by the Hon'ble Minister so that the order Annexure 1','2can be said to be a valid exercise ofpower by him or whether secondrevision shall lie ? Held,the Counselfor (PA) 148 PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 8.91 !l 8.91 •• PANCHAYAT RAJ AVAM GRAM SWARAJ ADHI., 1993 (PA)147 passed by or as to the regularity of the proceedings of an authority subor- dinate to it. Neither this section nor the rule provides that the revisional authority under the garb of exercising the revisional powers can set aside an election. An election held under the Act is neither an order nor a proceeding. Consequently revisional authority would have nojurisdiction to entertain or register a dispute under this section. The Collector, a revisional authority, had no power to entertain or register an election dispute under suo motu revisional powers. Order passed by him quashed. Amarsingh v. State of M.P., 1999 (2) MPLJ 337. [2]On behalf of the Panchayat the Sarpanch cannot sue and file an appeal independently.-Under S.l1 Gram Panchayat being body cor. porate can sue and can be sued. The power shall not vest in Sarpanch but it will vest in the whole body ofthe Gram Panchayat and if the Panchayat wants to sue or to file an appeal, the Panchayat has to pass a resolution authorising either to Sarpanch, or Up-Sarpanch or to any Panch or to file . appeal or Writ Petition Or any other petition. Rule 3 of the M.P. Gram Panchayat (Powers and functions ofthe Secretary) Rules, 1999provides that executive power ofGram Panchayat shall vest in the Panchayat Secretary, who will exercise the executive power, but in these Rules also it is nowhere provided that who will sue on behalf of tbe Panchayat. Held, therefore we are of view that. Gram Panchayat is a body corporate, having power to sue or to be sued,.andthe Gram.Panchayath.as. to authorise somebody to act on . its behalf and without the resollitionby authorising' any' person to sue'of' behalf ofthe Panchayat, the Sarpanch cannot sue and appeal independently. Gram Panchayat, Bamral v. Jagdish Singh Rawat, 2008 (3) MPLJ 127 = 2008(4) MPHT 132 = 2008(2) MPWN 102 (DB). .