ABHA PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, filed under Article 226 of the Constitution of India, the petitioner challenges the legality and validity of the order dated 12-2-2007 (P-1), passed by the Collector Mahasamund/respondent No. 2.

(2.) THE indisputable facts, in nutshell, are that the petitioner is the elected Sarpanch of Village Panchayat, Kaunsara, Janpad Panchayat, Bagbahra, District Mahasamund. A meeting was called on 5-7-2006 to consider 'No Confidence Motion' against the petitioner. Out of 13 members of the Panchayat, 9 members were present and cast their votes in the motion by putting a mark as prescribed under Rule 5 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 Niyam, 1994'). 8 members put mark (sic) and 1 member marked as (C). Accordingly, 1 vote was declared invalid, as it was not in accordance with a mark prescribed under Rule 5 of the Niyam, 1994. Thus, the motion could not be "carried out". THE Presiding Officer/Tehsildar after holding that to carry out 'No Confidence Motion', 10 members were required and in the proceedings only 8 votes were cast in favour of 'No Confidence Motion'. Thus, 'No Confidence Motion' was declared as not "carried out".

(3.) AGAINST the order dated 8-8-2006, passed by the Collector, Mahasamund, the petitioner had filed a writ petition, being Writ Petition No. 4657/2006, before this Court. This Court, vide order dated 11th December, 2006 (P-7), after having noticed that no opportunity of hearing was afforded to the elected Sarpanch, who is the most affected party in the adjudication, set aside the order dated 8-8-2006 and remitted back the matter to the Collector for fresh decision after issuing notice to the petitioner, in accordance with law.