HARIYARE Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER aggrieved by Annexure P-3, the application filed by the Members of Gram Sabha for recalling of the petitioner from the post of Sarpanch and by order, Annexure P-4 by SDO, Barghat, dated 3.11.2003, by which SDO has directed the Tahsildar, Barghat to hold secret voting by ballot on 13.11.2003 for recalling of the petitioner, has filed this petition. Learned counsel for the petitioner submits that the petitioner is an elected Sarpanch. On 7.5.2003 a no-confidence motion was moved against the petitioner but the aforesaid motion failed which is apparent from the perusal of the minutes of meeting held on 7.5.2003, Annexure P-1. Thereafter, one application, Annexure P-3 was filed by alleged Members of the Gram Sabha to the SDO, Barghat for secret voting for recalling of the petitioner from the post of Sarpanch under section 21-A of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'Adhiniyam' for short). The aforesaid act of Gram Sabha has been challenged by the petitioner on the ground that before approaching the Prescribed Authority by the Members of Gram Sabha, the Gram Sabha is required to follow the procedure prescribed under the M.P. Gram Sabha (Procedure of Meeting) Rules, 2001 and until and unless a meeting is convened for the decision, no such application could be filed to the Prescribed Authority for recalling of the petitioner. Apart from, this, the Prescribed Authority has not verified the signatures on the aforesaid prayer of the Members of the Gram Sabha and until and unless the Prescribed Authority satisfies himself that this application bears the signatures of Members of the Gram Sabha, no such order could be issued by the Prescribed Authority. Contending aforesaid, learned counsel for the petitioner submits that the order Annexures P-4 and application, Annexure P-3 both may be quashed.

(2.) LEARNED counsel appearing for the State submits that procedure prescribed under section 21 -A is in respect of secret voting with the prayer for recalling. For the prayer for recalling only a written request on behalf of Gram Sabha is necessary and the Prescribed Authority on the basis of the aforesaid request can initiate the aforesaid proceedings. The only rider is that the aforesaid recalling shall not be initiated within a period of two and half years from the date on which such Sarpanch elected at the General Election enters his office or if half of the period of tenure of the Sarpanch elected in a bye-election has not expired. In the present case both the riders are not attracted. The SDO, Barghat has rightly directed the Tahsildar, Barghat for secret voting by Gram Sabha in respect of recalling the petitioner. To appreciate the arguments of learned counsel for the petitioner, it is necessary to see the provision of section 21-A(1) of the Adhiniyam, 1993, which reads as under :

(3.) IN the circumstances, I do not find any merit in the contention of learned counsel for petitioner that before directing secret voting on the process of recall, the Sub-Divisional Officer ought to have held an enquiry in respect of genuineness of signature of members of Gram Sabha. In the circumstances, I do not find any merit in this petition, which is accordingly dismissed with no order as to costs.