RAJKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the order dated 22-3-2002 passed by the learned Single Judge in Writ Petition No. 5647/2001, the appellant has filed this L. P. A. under Clause 10 of Letters Patent.

(2.) THE facts, shorn of details and necessary for disposal of this appeal, are that a meeting of Gram Sabha, Khawasa was called on 26-3-2001 but the same was adjourned to 31-3-2001 for want of quorum. On 31-3-2001 out of 1800 members only 332 members were present. The appellant who was present in the meeting as a member of Gram Sabha, raised an objection that the business cannot be transacted for want of quorum but the same was ruled out. In this meeting certain Standing Committees of Gram Sabha were con stituted and a cashier was also appointed. Being aggrieved, the appellant moved the Appellate Committee, Janpad Panchayat, Kurai. Disposing of the appeal under Rules 5 and 7 of the Madhya Pradesh Gram Sabha Appeal Rules, 2001, the Appellate Committee vide its order dated 6-11-2001 held that the proceedings of meeting of Gram Sabha, Khawasa, dated 31-3-2001 were bad due to lack of requisite quorum. The Committee, therefore, directed reconvening the meeting of Gram Sabha for constitution of Standing Committees and for appointment of cashier.

(3.) ON a revision, being Revision No. 546/89/2000-2001, by Sar-panch, Gram Panchayat, Khawasa, the Collector, Seoni vide order dated 13-8-2001 held that Section 6 (2) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "adhiniyam") applies only to Gram Sabhas which are out of the scheduled area. For Gram Sabhas within the scheduled area no quorum in adjourned meeting was necessary as per Rule 9 (2) of Scheduled Area Gram Sabha (Constitution, Procedure of Meeting and Conduct of Business) Rules, 1998 (hereinafter referred to as the "rules of 1998") and Section 6 (2) of the Adhiniyam which is applicable to General Gram Sabhas, has been misapplied in case of Gram Sabha, Khawasa.