(1.) PETITIONER is assailing the resolution of No Confidence Motion passed on 12-6-2002 by Nagar Panchayat, Barela, District Jabalpur against the petitioner.
(2.) NO Confidence Motion has been carried out by 2/3rd majority of the elected Councillors of the Nagar Panchayat. Petitioner was holding the post of Vice-President of Nagar Panchayat. In all 10 votes were cast in favour of No Confidence Motion and 5 against it. It is not in dispute that it has been carried out by requisite majority as mentioned in Section 43-A of the Municipalities Act.
(3.) TWO grounds have been taken to assail the No Confidence Motion, resolution Annexure P-4 dated 12-6-2002. First ground is under Sub-section (2) of Section 43-A the SDO was authorized to preside over the meeting by the Collector, District Jabalpur. Notice of meeting, petitioner submits, ought to have been issued by the Presiding Officer. The Notice of the meeting has been issued as per order and direction of Presiding Officer by CMO, Nagar Panchayat, Barela as per Annexure P-3 on 1-6-2002. Thus, the petitioner submits that convening of the meeting is illegal and is not in the prescribed manner. Second submission is that while considering No Confidence Motion, the petitioner was not allowed to speak.