GHANSHYAM YADAV Vs. RAMESHWAR SAHU

JUDGEMENT

(1.) THE respondent No. 1 was elected as Sarpanch of the Gram Panchayat Chhind, Tehsil Saragarh, District Raigarh in the election held on 15-1-2005. THE no confidence motion was brought against the respondent No. 1 after issuance of notice on 31-3-2006. THE Prescribed Authority, i.e., Sub Divisional Officer (Revenue), Sarangarh, while issuing notice, directed Shri K.S. Mandavi, the then Tehsildar, Sarangarh to preside over the meeting of no confidence motion, which was to be held on 13-4-2006 at 12 o'clock.

(2.) IN the meantime, Shri K.S. Mandavi was transferred from Sarangarh and one Shri Sameer Nag joined the office of the Tehsildar, Sarangarh on 4-4-2006. By virtue of the order dated 31-3-2006, whereby Shri Mandavi, the then Tehsildar was authorized to hold the meeting, Shri Nag presided over the meeting of no confidence motion on 13-4-2006.

(3.) BEING aggrieved the Sarpanch/respondent No. 1 filed an appeal before the Collector, Raigarh. The Collector, Raigarh vide order dated 16-11-2006 (Annexure P-1) passed in Case No. 03/A-89/2006-2007 Village Chhind, Tehsil Sarangarh, allowed the appeal and held that the no confidence motion was not in accordance with law on the ground that Shri K.S. Mandavi, the then Tehsildar was authorised to preside over the meeting by name. Shri Sameer Nag, who joined the Office of Tehsildar on 4-4-2006 was not authorized to preside over the meeting and as such, the said meeting was void and non-est.