Madhya Pradesh High Court
State Of M.P. Through Ministry Of ... vs Ratan Singh on 22 February, 2021
Author: Sujoy Paul
HIGH COURT OF MADHYA PRADESH;
BENCH AT INDORE
R.P. No.51/2021
State of MP and Ors. Vs Ratan Singh
R.P No.52/2021
State of MP and Ors. Vs Ratan Singh and Others
1
INDORE; DATED - 22/02/2021
Shri Vivek Dalal, learned Additional Advocate General for the
petitioner/State.
Shri Abhishek Tugnawat, learned counsel for the respondent.
With the consent, heard finally.
1. Regard being had to the similitude of the point involved, on the
joint request of the parties, the review petitions were analogously heard
and decided by this common order.
2. This review petitions assail the common order dated 21.10.2020
passed in WP Nos.483/2019 and 10833/2020, whereby the Division
Bench quashed the notification dated 29.09.2018 and the subsequent
notification and gave liberty to the State to follow the procedure and
proceed in accordance with law.
3. Learned counsel for the State submits that this Court in page no.5
of the impugned judgment gave a finding that "Undisputedly the
notification as required keeping in view Article 243Q of the Constitution
of India; section 5(2) of the Municipalities Act and section 126 of the
Panchayat Raj Adhiniyam has not been issued and therefore, provisions
of section 6 has not been followed". Learned counsel for the petitioner
submits that this finding of the Division Bench runs contrary to record.
By placing reliance on the record of writ petition, it is informed that
gazette notification dated 27.12.2011 was issued in pursuance to section
5 and 7 of the MP Municipalities Act, 1961 which is available on record.
It is urged that this very relevant notification has escaped notice of
Division Bench and therefore, the aforesaid finding that Undisputedly
their exists no notification is factually incorrect and such finding
amounts to an error apparent on the face of record. The impact of said
HIGH COURT OF MADHYA PRADESH;
BENCH AT INDORE
R.P. No.51/2021
State of MP and Ors. Vs Ratan Singh
R.P No.52/2021
State of MP and Ors. Vs Ratan Singh and Others
notification dated 27.12.2011 needs to be examined on original side and
it cannot be subject matter of review jurisdiction.
4. Per contra, learned counsel for the respondent supported the
impugned order and urged that even if this notification dated 27.12.2011
is examined on the anvil enabling provision namely section 5 of the
Municipalities Act and Article 243 of the Constitution of India, it will be
clear that the notification does not fulfill the requirement of said legal
provision. Thus, the review petition may be dismissed.
5. No other point is pressed by learned counsel for the parties.
6. We have heard learned counsel for the parties and perused the
record.
7. A plain reading of the order under review shows that the bench
proceeded with the assumption that before passing the impugned
notification dated 29.09.2018 and another notification, their existed no
other notification issued under section 5 and 7 of the Municipalities Act.
The record shows that a notification dated 27.12.2011 was available on
record. Thus, it is clear that a relevant notification which was on record
was either not pointed out to the bench or not noticed by the bench.
Thus, finding that undisputedly their exists no notification is erroneous
and in our opinion, amounts to an error apparent on the face of record.
We find force in our view from the following passage of judgment of
Supreme Court reported in (1998) 6 SCC 176 (Ashok Kumar Pattanaik
v. State of Orissa):-
"4. Having given our anxious consideration to these rival
contentions we find that the decision rendered in Sisir
[(1996) 7 SCC 120 : 1996 SCC (L&S) 754 : (1996) 32 ATC
791] had not noticed the relevant rules to which our
attention was invited by the learned Senior Counsel for the
HIGH COURT OF MADHYA PRADESH;
BENCH AT INDORE
R.P. No.51/2021
State of MP and Ors. Vs Ratan Singh
R.P No.52/2021
State of MP and Ors. Vs Ratan Singh and Others
review petitioners. Unfortunately these rules do not seem to
have been pointed out to the Court while it passed the said
order. Whether these rules had any bearing on the ultimate
decision or not is not a question for our consideration at this
stage. However, we do find that all relevant aspects of the
matter which had a direct bearing on the result of the civil
appeal were not placed for consideration of the Court when
it decided the aforesaid civil appeal. On this short ground
and without expressing any opinion on the merits of the
controversy between the parties, we deem it fit to recall the
order of this Court in Sisir [(1996) 7 SCC 120 : 1996 SCC
(L&S) 754 : (1996) 32 ATC 791] and restore the civil
appeal to the file of this Court for a fresh decision.....".
8. We are not oblivious about scope of jurisdiction in review. The
review jurisdiction can be exercised on the basis of parameters which
are analogous to Order 47 Rule 1 of the CPC. If their exists an error
apparent on the face of record, the review power can be exercised. If the
original bench has not considered the impact of a document/notification
dated 27.12.2011, in exercise of review jurisdiction, this bench is not
obliged to examine the impact of said notification.
9. Considering the aforesaid, we are of the opinion that necessary
parameters for invoking review jurisdiction are satisfied by the review
petitioner. Resultanly, the order dated 21.10.2020 is reviewed and
recalled.
10. The writ petitions are restored to their original numbers.
11. At this stage, learned counsel for the respondent submits that the
matters are very important and urgent because notification for election
may be issued anytime.
12. Learned counsel for the petitioners has no objection for early
hearing of the matter.
HIGH COURT OF MADHYA PRADESH;
BENCH AT INDORE
R.P. No.51/2021
State of MP and Ors. Vs Ratan Singh
R.P No.52/2021
State of MP and Ors. Vs Ratan Singh and Others
13. As agreed, the matter be listed with connected writ petition on
25.02.2021.
14. The review petitions are allowed.
(Sujoy Paul) (Shailendra Shukla)
Judge Judge
sourabh
Digitally signed by SOURABH
YADAV
Date: 2021.02.22 18:20:11 +05'30'
