MANGYA Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) THE challenge in this writ was laid to a no confidence motion issued and proposed against the petitioner, who was an elected Sarpanch of Gram Panchayat Lawani. It is Annexure P I. The meeting was to take place on 4.6.2001. By Annexure P 3, it was unanimously resolved by all the Members (1 in number) who attended the meeting that petitioner be removed. In other words, it was with unanimity, the no confidence motion was carried out against the petitioner. Feeling aggrieved, the petitioner is now in this Court.

(2.) HEARD Ku. Madhu Bhatia, learned counsel for the petitioner, Shri P. Verma, learned counsel for respondent Nos. 1 and 2 and Shri P.K. Gupta, learned counsel for respondent No. 3. Having heard and perused the record, I find no substance in petitioner's grievance. When he is thrown out by the entire elected Members unanimously by successfully resolving the NCM (No Confidence Motion) he has no right to occupy the post to which he was initially elected. Rule of Democracy has to prevail over an individual. In this case, it is carried out with absolute majority and hence, it is a clear case of loosing confidence by all Members on the petitioner. To complain, that notice was short, and therefore, no resolution could be passed is of no consequence because there was no prejudice caused to petitioner due to short notice, nor to others as almost all Members attended the meeting. Petition is found to be meritless. It is dismissed.