LAWS(CHH)-2007-3-21

ABHA PATEL Vs. STATE OF CHHATTISGARH

Decided On March 19, 2007
ABHA PATEL Appellant
V/S
STATE OF CHHATTISGARH Respondents

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.