PARAS RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this "petition, the petitioner impugns the order dated 15-11-2006 (Annexure P-l) passed by the Additional Collector, Bemetara, in Case No. 36-C/144/2005-06, whereby the decision of the Presiding Officer was quashed wherein it was held by the Presiding Officer that the 'no confidence motion' was not carried out.

(2.) THE indisputable facts, in nutshell, as projected by the petitioner are that the petitioner is a duly elected Sarpanch of Gram Panchayat, Kaun, Tehsil Nawagarh, District Durg and 'no confidence motion' was brought against the petitioner on 6-7-2006 after following due procedure as required to initiate no confidence motion. According to the petitioner, only seven persons voted in favour of the motion and three persons voted against the motion and one was declared invalid by the Presiding Officer. THE requirement 3/4th of the total members present voting in favour No Confidence Motion would be 8.35 as total numbers of members present were 11. Even if one vote is taken in favour of the no confidence motion, the total members would be 8, i.e., less than 8.35. THErefore, the finding of the Presiding Officer that motion was not carried out, was correct. THE order passed by the Additional Collector cannot sustain on the simple ground that the requirement of law is 3/4th of the total persons present in the proceedings and voted in favour of the 'no confidence motion' to hold that the motion has been carried out. I have heard learned Counsel for the parties, perused the pleadings and documents appended thereto.