GAYASUDDIN KHAN Vs. GRAM PANCHAYAT, VILLAGE, TAL

JUDGEMENT

(1.) THE petitioner Gayassuddin Khan was validly elected Sarpanch of village Kasba Tat, pargana Sironj, district Vidisha. On 17 -7 -70 a meeting was convened under the orders of the District Panchayat Officer, Vidisha. The order was passed on 22 -6 -70. Information about the said panchayat meeting was given by the Panchayat Officer to all members. In this meeting there was a resolution of a no confidence against the petitioner. Inspite of his various objections raised in accordance with the Panchayat Act and Rules, the resolution was passed. The petitioner has sought to quash the proceedings of the said meeting by this petition under Art. 226 of the Constitution.

(2.) ACCORDING to the petitioner the meeting suffered from the following defects :

(3.) UNDER section 24 of the M. P. Panchayats Act" on a motion of no -confidence being passed by the Gram Panchayat by a resolution passed by a majority of not less than two -thirds of the Panchas present and voting and such majority is more than one half of the total number of Panchas constituting the Gram Panchayat for the time being, the Sarpanch or Up -Sarpanch against whom such motion is passed, shall cease to hold office with effect from the date immediately next after the date on which such motion is passed". In the instant case it is clear that out of 17 members, 16 were present. Twelve of them voted for no -confidence. There cannot be any doubt that the no -confidence motion was validly passed, if we look to the number of persons present and the number voted.