BAIJNATH PATEL S/O LATE SHRI PURAN LAL PATEL Vs. COLLECTOR, MAHASAMUND DISTRICT MAHASAMUND CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) Petitioner is an ousted Sarpanch of Gram Panchayat Kadadarha, Tahsil Bagbahara, District Mahasamund. The office bearers of the said Gram Panchayat ousted him by passing a resolution on the motion of no confidence brought against the petitioner on 7-9-2016.

(2.) There is no dispute about the satisfaction of the Rules as contained in the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up'sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 ('the Rules, 1994' henceforth) in so far as it relates to adherence of the procedure and meeting out the required number of panchas for passing a resolution of motion of no confidence.

(3.) The short question fallen for consideration in this petition is that -- in what circumstances a motion of no confidence brought earlier, but rejected within a period of one year would be a bar for consideration of fresh motion of no confidence by the Gram Panchayat ?