SUKHNANDAN PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER in the instant case seeks issuance of writ of certiorari to quash the order passed by Additional Collector Annexure P -5 setting aside the no -confidence motion contained in resolution Annexure P -3 passed by Gram Panchayat Khejari Lakhroni, Tehsil patharia on 5.12.2001 which was carried on by the majority of 12 against 4 Panchas.

(2.) PETITIONER Sukhnandan Patel was Up -Sarpanch. While he was holding the office of Up -Sarpanch of Gram Panchayat Khejari Lakhroni, Tehsil Path aria, District Damoh, a no -confidence motion was passed. The Collector is the competent authority to decide the dispute u/s 21(4) of the M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the Act, 1993). Shri Prabhudayal Patel, respondent No. 2 was the Sarpanch of the Gram Panchayat of Khejar, Lakhroni against whom the no -confidence motion was passed on 5.12.2001. The petitioner and other Panchas were not satisfied with the activities of the Sarpanch Shri Prabhudayal Patel respondent no. 2, therefore, no -confidence motion was passed against him.

(3.) A meeting for consideration of no -confidence motion was held on 5. 12.2001 in accordance with the provisions of Rules of 1994. The motion was moved and thereafter 'the members. were allowed to speak and on the conclusion of the debate the procedure for cast of the votes was explained and then votes were - polled and counted. 12 out of 16 persons voted in favour of. no -confidence motion and 4 against it. The presiding officer held that no -confidence motion was duly carried resulting in removal of Sarpanch.