RAMESHWAR DAYAL Vs. B N TRIPATHI

JUDGEMENT

(1.) THIS is a petition by Rameshwar Dayal, one of the panchas of Gram Panchayat, Jawasa, (district Bhind) for declaring that the no-confidence motion against Sarpanch Baburam, non-petitioner 4, has duly been passed by the Gram Panchayat, Jawasa, in its meeting held on 16-8-1971 and that the presiding officer B. N, Tripathi, non-petitioner 1, has wrongly held that the motion had not been passed. A copy of the minutes of the meeting has been placed on record and marked Annexure-1.

(2.) THE total strength of the Panchas prescribed for the Gram Panchayat is 21. The petitioner's case is that out of these 21 Panchas, seats of 5 Panchas had fallen vacant on account of their having tendered resignations and, thus, the total number of Panchas at the time of holding the meeting for consideration of the no-confidence motion was only 16. It is not in dispute that ten members had voted for the motion and six against it. The presiding officer was of the view that the total number of Panchas should be taken to be 21 for considering the question of passing of the no-confidence motion and, since only ten had voted for the motion, the motion had failed. The contention of the petitioner is that the view taken by the presiding officer is erroneous in law. Reliance has been placed on a decision of this Court in Shankarlal v. State of M. P. and other (1975 MPLJ ll6 ).

(3.) THE petition has been opposed by the non-petitioner 4 Baburam as well as the presiding officer B. N. Tripathi, who are represented by Shri a. K. Shrivastava and Shri H. G. Mishra, respectively. Written replies have also been filed on their behalf.