GEETA BAI Vs. SUSHILA BAI

JUDGEMENT

(1.) THE centrodial issue that has spiralled to this Court in this writ petition under Articles 226 and 227 of the Constitution of India pertains to challenge of the order dated 28.8.2001, Annexure P -l, passed by the Collector, Raisen, in exercise of power conferred on him under section 21 (4) of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'the Act') whereby the said authority has declared that the motion of no confidence mooted against the respondent No.1, the elected Sarpanch of Gram Panchayat, Khairbada, District, Raisen, by the Ward Members is void.

(2.) THE factual 'expose' is as follows:

(3.) IT is putforth in the writ petition that when the matter stood thus, the respondent No. I raised a dispute before the Collector, Raisen, under section 21(4) of the Act and the said authority, by order impugned, came to hold that as the respondent No. 1 was a directly elected Sarpanch, he could only be recalled under section 21 -A of the Act and could not have been removed by the motion of no confidence. Being of this view, he annuled the motion of no confidence, as a consequence of which the respondent No. 1 started functioning as the Sarpanch.