RAMDAYAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the petitions are being heard together and decided by this common order as similar question of law arises for consideration.

(2.) The present petitions are against the order dated 30.04.2019 whereby a notice of no confidence motion has been issued by the prescribed authority under Rule 3 of the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Viruddh Avishwas Prastav) Niyam, 1994 (for short "the Rules, 1994"). The no-confidence motion was moved against the petitioner Ramdayal Sahu, who is Vice President, Janpad Panchayat Nagri and Smt. Pinky Shivraj Shah, who is President of Janpad Panchayat Nagri.

(3.) The facts of this case are that initially a no-confidence motion was moved by the Janpad Panchayat members of Nagri on 21.12.2018 on which the prescribed authority i.e. Collector had issued a notice of no-confidence to be held on 03.01.2019. The said notice was subject of challenge by the petitioner in earlier round of litigation i.e. W.P.(C) Nos.2 & 4 of 2019 wherein this Court by an order dated 02.01.2019 had directed that no further steps be taken in respect of motion of no confidence brought against the petitioner. In the said petition, primary one of the major ground which was urged that the signature of the members who moved the no confidence motion should have been verified by the Collector before issuance of any notice for hearing in no-confidence motion. The said writ petition were finally adjudicated on 20.03.2019 and the Court held that Rule 3 (1) of Rules, 1994 do not speak about necessity of personal satisfaction of the Collector as to whether the application is actually signed by three-fourth of the members or not. It was laid down that sub-rule 3 of Rule 3 enjoined to satisfy the prescribed authority about the admissibility of the notice with reference to Section 28(3) in respect of Janpad Panchayat. After such orders were passed, the present notice of no confidence motion has been issued by the prescribed authority wherein the date of motion has been fixed on 13.05.2019.