SANTOSH KUMAR SINGH Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER was elected as Sarpanch of Gram Panchayat, jamua No. 1 on 23-1-2005. S. D. O and Prescribed Authority, Vikas Khand, majhauli, District Sidhi vide Annexure/p-3 dated 29-5-2007 convened a meeting on 12-6-2007 on a motion of no-confidence against the petitioner. Shri Santosh niraj, Naib Tahsildar was appointed as a Presiding Officer. A resolution of no-confidence was ultimately passed on 12-6-2007 against the petitioner on the basis of 15 votes cast in favour of no-confidence as against 3 votes cast against it.

(2.) IT has been stated in the petition that the said Presiding Officer was not keeping good terms with the petitioner and complaints were already made against him as revealed in Annexure/p-4 dated 15-4-2007, Annexure/p-5 dated 7-6-2007 and Annexure/p-6 dated 8-6-2007. Further complaints as revealed in annexures/p-7 to P-10 were also made to the effect that the Panchas were under pressure and the no-confidence motion was being passed without their free will. Accordingly, it is stated that the no-confidence resolution passed against the petitioner is arbitrary and mala fide and violative of principles of natural justice and the same is liable to be quashed.

(3.) INTERVENER raised a preliminary objection that the no-confidence resolution is challengeable under sub-section (4) of section 21 of M. P. Panchayat raj Avam Gram Swaraj Adhiniyam, 1993 and the petition is therefore liable to be dismissed on account of availability of alternative efficacious remedy. On merits it is contended that the resolution was validly passed and the petitioner having participated in no-confidence proceedings has not been prejudiced in any manner. Accordingly, the petition is liable to be dismissed.