SURUCHI BAI JANGDE Vs. PRABHARANI JANGDE

JUDGEMENT

(1.) Challenge in the present writ petition filed under Art. 227 of the Constitution of India is to the order dated 1-8-2011 passed by the Additional Collector, Baloda Bazar, Distt. Raipur and the order dated 23-7-2013 passed by the Commissioner, Raipur Division, Raipur. Vide order dated 1-8-2011 the Additional Collector had set aside the proceedings of No-Confidence Motion drawn against respondent No. 1 and in revision, the said order has been affirmed by the Commissioner vide order dated 23-7-2013.

(2.) Brief facts of the case are that in the year 2010 respondent No. 1-Smt. Prabharani Jangde was elected as Sarpanch of Gram Panchayat-Lachchanpur, Tehsil-Bhatapara, Distt. Baloda Bazar. Said Gram Panchayat consists of one Sarpanch and 10 Panchas. On 18-5-2011, 9 Panchas including the petitioner submitted notice of No-Confidence Motion against respondent No. 1 before the prescribed authority i.e. Sub-Division Officer, who after verification of the signatures and satisfying himself, appointed Presiding Officer and fixed the date as 7-6-2011 for consideration of the said motion. On 7-6-2011 No-Confidence Motion was passed against respondent No. 1 as 9 Panchas voted against respondent No. 1, 1 in her favour and 1 vote was declared invalid.

(3.) Indisputably, respondent No. 1 had duly participated in the proceedings of No-Confidence Motion and at the time of proceedings of the motion, neither any objection was raised by her nor the procedure which was adopted was assailed by her before the prescribed officer. Immediately after passing of No-Confidence Motion, the petitioner, who was Up-Sarpanch of the Gram Panchayat, became in-charge Sarpanch of the Gram Panchayat.