PALTANRAM CHOUHAN Vs. K L SORI

JUDGEMENT

(1.) HEARD on admission. By this petition, the petitioner has impugned the order of Annexure P-l passed by the Collector, District Janjgir-Champa whereby the petitioner's reference under Section 91 read with Section 21 (4) of the Panchayat Raj Adhiniyam (for short 'the Act') directed against no confidence motion passed against him on 29-12-2008 has been dismissed.

(2.) THE petitioner was elected Sarpanch of Gram Panchayat Khondhar, Janpad Panchayat Dabhra, District Janjgir-Champa. THE Panchas of the said Gram Panchayat moved an application before respondent No. 3 for tabling no confidence motion against the petitioner. Respondent No. 3 appointed respondent No. 1 as Presiding Officer and fixed the date for no confidence motion on 29-12-2008. Notices were issued to the members of the Gram Panchayat on 19-12-2008. Meeting for considering no confidence motion was held on 29-12-2008 and in the meeting, motion against the petitioner was carried out with a majority of 11 votes.

(3.) THE Collector has rejected the contention of the petitioner that he was not afforded opportunity to speak in the meeting with an observation that from perusal of the resolution, it is evident that the petitioner spoke in the meeting and denied the allegations made against him. It has been further observed that though notices issued to the members mention Sections 28 and 35 of the Act, but the same would not vitiate the notice. In my opinion, the grounds taken by the petitioner in this regard has rightly been rejected by the Collector.