RAMESH SONI Vs. STATE OF MP

JUDGEMENT

(1.) SHORT facts leading to the petition are that an election of Gram panchayat, Bhanderi, Janpad Panchayat Baihar, Tahsil Baihar District Balaghat was conducted in the year 2005. After having been elected on the post of sarpanch, respondent No. 5 took over the charge. On 11-11-2006, a notice for No confidence Motion was given to the prescribed authority who convened a meeting on 27-11-2006. No Confidence Motion was moved successfully since 15 out of 17 Panchas voted in favour of no confidence. Respondent No. 5 challenged the validity of the motion by referring the dispute to the Collector, balaghat who vide impugned order dated 4-4-2007 cancelled the same on the ground that the meeting for no confidence was not convened within 15 days from the receipt of notice dated 11-11-2006.

(2.) AGGRIEVED by the aforesaid, the present writ petition has been preferred by the petitioner without availing the alternative remedy of revision.

(3.) AN objection has been raised by the respondents that the order of collector is revisable under Rule 5 of M. P. Panchayats (Appeal and Revision)Rules 1995. Reliance has been placed on the Division Bench decision of this Court in the case of Premlata Jaiswal vs. State of M. P. and others, 2002 (5) MPLJ 522.