K D BANDHE Vs. STATE OF C G

JUDGEMENT

(1.) THE petitioner, who was an elected Sarpanch of Gram Panchayat. Hardi, has called in question the legality, validity and propriety of order dated 29.6.2006, passed by the Additional Collector, Bilaspur in a Panchayat Dispute (Reference) No.67/A-89(6)/2005-2006. By the aforesaid order, the Additional Collector has dismissed the Reference, made by the petitioner, challenging the validity of the motion of 'No Confidence', carried out under sub-Section (1) of Section 21 of the M.P (C.G.) Panchayat Raj Avam Gram Swaraj Adhiniyam 1993, hereinafter referred to as 'the Act'.

(2.) THE brief facts are that the petitioner was an elected Sarpanch of pram Panchayat, Hardi in the elections which took place in the year 2004- 2005. It appears that a notice of no-confidence was submitted by the Panchas against the petitioner under Rule 3 of the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam 1994, hereinafter referred to as 'the Rule'. On receiving the notice of such motion, under sub-rule (1) of Rule 3, the Prescribed Authority., after satisfying himself on the admissibility of the notice with reference to Section 21(3), fixed a date of meeting regarding the said motion. The date was fixed as 12.6.2006. As per the averments of the writ petition, the aforesaid motion was passed, as 13 votes were given in favour of the motion and 2 votes were given against the motion and 2 other votes were declared invalid. The petitioner challenged the validity of this motion, carried out under sub-Section (1), by referring the dispute to the Collector. A copy of the dispute has been filed as Annexure P-5.

(3.) LEARNED counsel for the petitioner submits that the order passed by the Additional Collector is a cryptic order, which does not reflect to the grounds raised by the petitioner in the dispute. His submission is that the said unreasoned order passed by the Collector is not in accordance with law and the same should be struck down.