MOHAN LAL MARCO Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order (Annexure P-4) passed by the Additional Commissioner, Jabalpur, dated 3-12-2003, by which, the petition, challenging the no confidence motion passed against him, has been dismissed.

(2.) SHORT facts of the case are that the petitioner was President of Janpad Panchayat, Niwas. A no confidence motion was moved against the petitioner. The notice was served on the prescribed authority, who is the Collector, Mandla to convene the meeting to consider the no confidence motion. The Collector on receiving the notice under Sub-rule (1) of Rule 3 of M. P. Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 (hereinafter referred to as 'niyam' for short), and after satisfying himself about the admissibility of notice fixed a date, time and place for the meeting of Janpad Panchayat to consider the no confidence motion. Notice in this regard was issued by the Collector, Mandla Annexure P-1 and on 31-7-2003 the meeting was convened. In that meeting no confidence motion was passed against the petitioner. Assailing the aforesaid, petitioner filed a petition under Section 28 (4) of the M. P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'adhiniyam' for short) before the Additional Commissioner, Jabalpur, which was dismissed by order (Annexure P-4 ).

(3.) LEARNED Counsel for petitioner submits that the Collector, who was the prescribed authority ought not to have issued notice (Annexure P-1) and the notice ought to have been issued by the Chief Executive Officer, Janpad Panchayat. In the circumstances, notice (Annexure P-1) was issued without any authority of law. Reference is made to Section 28 (2) of Adhiniyam and Niyam 3 (3), which reads as under :-