NAVAL SINGH Vs. COLLECTOR KHARGONE

JUDGEMENT

(1.) By this appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam,2005, the appellant assails the order dated 26.07.2007 passed by the learned Single Judge in Writ Petition No.4011/07, by which the said writ petition against the order of the Collector dated 10.07.2007 (Annexure P/1) has been dismissed.

(2.) The facts of the case relevant for the purposes of the decision of this appeal lie in a narrow compass. According to the petitioner, he was an elected Sarpanch of Gram Panchayat Ahirkheda, Tehsil Bhikangaon, Distt. Khargone consisting of total 21 members including the petitioner. It was alleged that on 15.2.2007 15 Panchas of the said Gram Panchayat moved a motion of No Confidence as provided by Rule 3 of the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994. On receipt of the said proposal under Sub Rule 3 of Rule 3, after completing the formalities laid down in the said rule, the prescribed authority respondent No.3 fixed 20.8.2007 for meeting for consideration of the said No Confidence Motion. It is not disputed that in the said meeting initially all the 20 Panchas voted against the No Confidence Motion by putting cross (x) in the ballot paper and it was, therefore, announced that the said No Confidence Motion had failed. However, the Panch present started clamouring and protesting against the resolution on the ground that they were misled into believing that for supporting the No Confidence Motion, they were required to put a cross (x) and not tick (/) as laid down in Rule 5(5) of the said rules.

(3.) Considering that the law and order situation was worsening, respondent No.3 Presiding Officer set aside the first process of election and conducted the meeting anew for consideration of the said motion. In this meeting convened on the very day, all the Panchas present voted in favour of the No Confidence Motion by putting tick ( -/ ) on the ballet papers. It was against this motion of No Confidence, in the subsequent meeting, that the appellant preferred a dispute before the Collector in accordance with Sub Section 4 of Section 21 of the M.P.Panchayat Raj Avam Gram Swaraj Adhiniyam,1993. After hearing the parties, the Collector set aside the proceedings of both the meetings held on 28.2.2007 and directed that fresh meeting be held for consideration of the No Confidence Motion. It is this order Annexure P/l to the petition, which was challenged before the learned Single Judge. Learned Single Judge has observed that there was no infirmity in the order passed by the Collector and it was apparent that Collector had adopted a fair procedure when voting was held twice, on the same day.