provisions of the Act. Section 55 of the Act
enumerates the executive functions of Sarpanch and Upa-Sarpanch. The
relevant part of the said provision ... reproduced below:-
“55. Executive functions of Sarpanch and Upa-Sarpanch.-(1) Save as
otherwise expressly provided by or under this Act, the executive power
provisions of
the Act. Section 55 of the Act enumerates the executive functions of
Sarpanch and Upa-Sarpanch. The relevant part of the said provision ... reproduced below:-
6
“55. Executive functions of Sarpanch and
Upa-Sarpanch.-(1) Save as otherwise expressly provided by
or under this Act, the executive power
perform quasi-judicial functions, as contrasted with purely
administrative or executive functions, but that the Upa-Lokayukta is more
than an investigator or an enquiry ... than an investigator or an inquisitorial authority largely
exercising administrative or executive functions and powers. Under the
circumstances, taking an overall view of the provisions
criminal offence. That power is essentially
vested in the head of the Executive, because the judiciary has no such
“mercy jurisdiction”. But the suspension ... sentence, it would mean that both the judiciary and the
executive would be functioning in the same field at the same time leading
Constitution. The constitutional provisions postulate the
conditions for the functioning of the legislature and the executive
and prescribe that the Supreme Court is the final ... functions of various organs
of the State. The Legislature, Executive and Judiciary have to
function within their own spheres demarcated under the
Constitution. It further
normally mean that the court has to satisfy itself that the executive
function of the Public Prosecutor has not been improperly exercised, or
that ... Public Prosecutor and/or by the
Government in exercise of its executive function.”
[Underlining is ours]
16. In Rahul Agarwal v. Rakesh Jain and another
Indian Penal Code,
1860 who has been appointed to discharge the executive
functions of the State in any organization specified in the
explanation below clause ... that there has been excessive and unguided
delegation of power to the executive and, therefore, the manner of
classification to be undertaken is contrary
exercise of power under Section 321 of the Code is an executive function of the Public Prosecutor for which statutory discretion has been vested ... judicial discretion for granting the consent would normally mean that the executive function of the Public Prosecutor has not been improperly exercised, or that
normally
mean that the court has to satisfy itself that the executive function of
the Public Prosecutor has not been improperly exercised, or that ... court has to be satisfied that the executive function of the Public
Prosecutor has not been improperly exercised or that it is not an attempt
reports of
the assessors dated 16.12.2015 and 17.12.2015 in its
Executive Committee meeting dated 28.12.2015 made
recommendation to the respondent No.1 not to grant ... function
till the Central Government puts in place any
other appropriate mechanism after due
consideration of the Expert Committee Report.
Initially the Committee will function
