HRIDAYESHWAR SINGH CHAUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of india. 2. By this petition the petitioner who is the elected President of the janpad Panchayat, Kareli, District Narsinghpur, Madhya Pradesh has challenged the dissolution of the Janpad Panchayat, Kareli vide order dated 22-9-84 (Annexure-B), passed under Section 81 of the Madhya Pradesh Panchayat Act, 1981 (hereinafter referred to as the 'act') by the respondent No. 1 and appointing Administrator/chief executive Officer of the Janpad Panchayat. The petitioner further challenges the resignation of the twelve panchas.

(2.) THE facts, in narrow compass, are as follows: In the last general elections of the panchayats, which took place in the year 1984, the petitioner was elected as the president of the Janpad Panchayat, Kareli and he assumed office on 18-6-84. It is not disputed that the Janpad Panchayat, Kareli consisted of total 22 members and the quorum, as prescribed under Section 37 (2) of the Act is half of the total number of the members constituting the Panchayat. On 18-9-1984 no confidence motion was tabled against the petitioner in which out of 22 members, 10 members cast their votes against the petitioner and as such the no confidence motion fell by 12 against 10 votes. Having failed in their attempt in ousting the petitioner from the office of the President, 12 members tendered their resignation before the competent authority. On account of resignation, the respondent No. 1, the State of Madhya Pradesh had to take action under section 81 of the Act for dissolving the Panchayat as large number of vacancies occurred due to the resignation of 12 members. This has given rise to file the instant petition before this Court.

(3.) HAVING heard Shri D. M. Dharmadhikari, learned counsel for the petitioner and Shri M. V. Tamasker, Additional Advocate General for the respondents, we have formed the opinion that this petition has no substance and deserves to be dismissed.