BALKRISHAN PATEL Vs. BRIJENDRA PATEL

JUDGEMENT

(1.) IN this writ petition, the petitioner is challenging the ad interim order of the Additional Collector dated 6 -3 -1984 directing the parties to maintain status quo regarding the no confidence motion passed by respondent No 1.

(2.) THE respondent No.1 was an elected Sarpanch of Gram Panchayat, Baroda, Tahsil and District Jabalpur. The petitioner is an elected Panch of that Gram Panchayat. The petitioner and nine other Panchas moved a no confidence motion against respondent No.1 which was passed by 10 Panchas present and voting in favour of the resolution on 14 -2 -1984. There were in all 15 Panchas out of which five remained absent inspite of notice. The respondent No. 1 filed an appeal under section 83 of the M.P. Panchayats Act, 1981 before the Collector, Jabalpur and got an ad interim order. His main ground of attack was that there was no valid service of notice about the meeting on the remaining five Panchas. According to the petitioner, (i) no appeal is provided under section 83 of the Act against a, resolution of no confidence motion, and (ii) in view of section 18 of the Act, respondent No.1 ceased to hold the office of Sarpanch from the date immediately next after the date on which the no confidence motion was passed.

(3.) WITH these observations this petition is dismissed. There shall be no order as to costs. The outstanding amount of security be refunded to the petitioner.