NIRBHAY SINGH Vs. SDO, KHUSHI

JUDGEMENT

(1.) PETITIONER was an elected sarpanch of Panchayat Bagli in District Dhar. He was served with a show cause of no confidence motion issued by other elected members. Eventually by resolution dated 5.10.2001 (Annexure P 6), the no confidence motion was passed by more than

(2.) 3rd majority. In other words, 11 members voted in favour of no confidence motion, whereas only one voted against it. It is this action which has resulted in ouster of petitioner impugned in this writ. 2. Heard Shri Umesh Gajankush, learned counsel for the petitioner.

(3.) I do not agree. The submission has not impressed me. It is more in the nature of technical than that of substance. The petitioner has to accept the defeat when he has been ousted by more than 2 3rd majority, who lost confidence in the petitioner. In democratic pattern, the wish of majority prevails. The petitioner was not able to point out any infirmity in the impugned resolution as such. The pointing out of certain breaches prior to passing of resolution were not that of any significance, and hence, no benefit can be extended to the petitioner.