PREMLATA JAISWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) (Oral) Bhawani Singh, C.J. 1. The petitioner was Sarpanch of Gram Panchayat, Khaira, Tahsil Keolari, District Seoni. 'No -confidence motion' was brought against the petitioner and she was unseated from the office of Sarpanch. Through writ petition, she challenged the action alleging that opportunity to address the House and controvert the allegation against her was not extended. She made a reference to Collector, Seoni, under section 31(4) of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (for brevity' Act of 1993'). The Collector, Seoni, rejected the reference.

(2.) THE petitioner filed a writ petition (WP No. 2441/2001) stating that the Collector rejected the reference without enquiring into the allegation and submission made. This Court directed the Collector to hear to petitioner afresh. As such, the matter was decided against her. Again, she questioned the order alleging that the Collector did not decide the matter with regard to her right to address in the House against the motion of no -confidence in a proper manner, as per decision of this Court in Nagsai v. State of M.P. and others (1998(1) VB 163 = AIR 1998 MP 81).

(3.) PRECISELY , the order of reference is in the following terms :