SOJI NAYAK Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner was elected Up-Sarpanch of Gram Panchayat Bedi, Tahsil Pushprajgarh, District Shahdol against whom a motion of no confidence was moved which was passed by the Gram Panchayat in the meeting held on 22nd September, 1995. Gram Panchayat consists of 16 members, while in the meeting in all 15 Panchas were present. In the voting one vote was declared invalid while 7 ballots were found in favour of motion of no confidence and the other seven against the motion of no confidence which is evident from the proceedings register Annexure A-l.

(2.) SECTION 21 of the M. P. Panchayat Raj Adhiniyam, 1993 (for short Adhiniyam') provides no confidence motion against a Sarpanch and Up-Sarpanch, which reads thus :

(3.) THE State Government in exercise of powers conferred by sub-section (1) of Section 95 read with sub-section (2) of Section 21, sub-section (2) of Section 28 and sub-section (2) of Section 35 of the Adhiniyam has framed the rules known as the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Viruddh Avishwas Prastav) Niyam, 1994 (for short 'the Niyam' ). Rule 3 of the Niyam speaks of notice of a motion of no confidence. Rule 4 speaks of appointment of Presiding Officer to hold the meeting. Rule 5 prescribes the manner in which the meeting is to be held, Rule 6 relates to minutes of meeting. Rule 7 says about safe keeping of records. Rule 8 speaks of that the decision on any motion of no-confidence is to be communicated by the Presiding Officer to the Prescribed Authority. Rule 9 relates to repeal. For the purposes of present petition Rule 5 is relevant which is extracted thus :