BABULAL BAIGA Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of the notice dated 22-9-2001, Annexure P-3, issued by the Sub-Divisional Officer-cum-competent authority, the respondent No. 2 herein, calling for meeting for no-confidence motion, against the petitioner on 5-10-2001 and to pass such other order/orders as may be deemed fit and proper in the facts and circumstances of the case.

(2.) THE facts as have been unfolded are that the petitioner is the elected Sarpanch of the Gram Panchayat Paharia, Block and Tehsil Pali, District Umaria. A motion of no-confidence was mooted against by some of the Panchs and on the basis of their requisition the competent authority fixed the meeting on 3-9-2001 in the office of the Gram Panchayat Paharia, Block and Tehsil Pali in the District of Umariya. The competent authority appointed the Naib Tehsildar, Pali, the respondent No. 3, herein, as the Presiding Officer of the meeting. As pleaded on the date fixed the meeting was convened and no-confidence motion was initiated by the Presiding Officer. The ward members of the Gram Panchayat boy-catted the motion of no-confidence as a result of which the motion failed and the Presiding Officer passed the decision in that regard as contained in Annexure P-2. Despite of the failure of the no-confidence motion the respondent No. 2 issued a notice for initialing a fresh proceeding and fixed the date to 5-10-2001.

(3.) IT is urged in the writ petition that action of the respondent No. 2 is impermissible in law as per the Section 21 of the M. P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Act' ). Section 21 (3) clearly stipulates that no-confidence motion shall not lie against the Sarpanch or Up-sarpanch within a period of one year from the date of which the previous motion of no-confidence was rejected.