RAM CHARAN AHIRWAR Vs. SUB-DIVISIONAL OFFICER, JATARA

JUDGEMENT

(1.) BY this writ application the petitioner, who is an elected Sarpanch of the Gram Panchayat Vrishbhanpura, has challenged the resolution of Gram Panchayat dated 19.4.1996, whereby the motion of no -confidence against the petitioner, has been carried out.

(2.) SHORT facts, necessary for the decision of the present writ application, are that the petitioner was an elected Sarpanch of Gram Panchayat Vrishbhanpura. For the purpose of consideration of the motion of no -confidence a meeting of the Gram Panchayat was held on 19.4.1996 and the same was presided over by the Naib Tehsildar. In the said meeting the no -confidence motion was passed by required majority and the same was determined by raising of hands of the members. The minute of the meeting of Gram Panchayat dated 19.6.1996 (Annexure P -1), impugned in the present petition inter alia shows that in the meeting 11 members raised their hands in support of the no -confidence motion and accordingly the no -confidence motion was carried out.

(3.) LEARNED counsels for the respondents have, however, raised a preliminary objection, regarding the maintainability of the present writ application. Their submission is that the petitioner has an alternative remedy, by way of filing an appeal before the appellate authority under rule 3 of the M.P. Panchayat (Appeal and Revision) Rules. 1995 (hereinafter referred to as Appeal and Revision Rules) which reads as under : - 3. Appeal and appellate authorities. - - Save where it has been otherwise provided in the Act or rules or byelaws made there under, an appeal shall lie, - -