DHUMADANDHIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner was a Sarpanch of Gram Panchayat, Govindpur who has filed this writ application for quashing no confidence motion dated 16-11-1995 passed against her.

(2.) SHORT facts giving rise to the present application are that the petitioner was elected as the Sarpanch of the Gram Panchayat, Govindpur and the said election took place in the month of June 1994. A notice to consider the no confidence motion dated 29-9-1995 was received by the prescribed authority on 26-10-1995. The prescribed authority on receipt of the aforesaid notice appointed one Naib Tahsildar as the Presiding Officer to preside over the meeting and date of the meeting fixed by the prescribed authority was 16-11-1995. It is on the said date the motion of no confidence was considered against the petitioner and the motion was passed by a majority as prescribed Under Section 21 of the M. P. Panchayat Raj Act.

(3.) THE only submission made on behalf of the petitioner to impugn the motion of no confidence is that the date of meeting fixed for consideration of the motion of no confidence, is beyond 15 days from the date of receipt of the notice, given by the members for consideration of the no confidence motion. It is admitted fact that the notice of no confidence dated 29-9-1995 was received by the prescribed authority on 26-10-1995, who has fixed 16-11-1995 as the date for consideration of the no confidence motion. This is definitely beyond 15 days from the receipt of the notice. It is contended by the learned counsel for the petitioner that Rule 3 (3) of M. P. Panchayat Ke Sarpanch Tatha Upsarpanch Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav Niyam, 1994, contemplates that the prescribed authority shall fix the date, time and place for the meeting of the Gram Panchayat which shall not be more than 15 days from the date of the receipt of the said notice. Rule 3 (3) of the aforesaid Rules which is relevant for the purpose is being quoted below :