DESHRAJ SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THE petitioner Deshraj Singh was Sarpanch of Gram Panchayat Tilabujurg having been elected under Section 17 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (for brevity, hereinafter referred to as the Act ). The Gram Panchayat Tilabujurg was constituted having him as Sarpanch, one Up-Sarpanch and nine other members.

(2.) A notice for bringing motion of no-confidence against the Sarpanch was given whereupon the prescribed authority, after being satisfied about the admissibility of the notice with reference to Sections 23, 28 (3) and 35 (3) of the Act, as the case may be, fixed the date, time and place for the meeting of the Gram Panchayat Tilabujurg for consideration of the motion of no confidence. The meeting for consideration of the motion of no-confidence against the petitioner was held on 24-7-1996 and the motion of no confidence against the petitioner was considered. Under sub-rule (5) of Rule 5 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 (for brevity, hereinafter referred to as the Rules), it has been provided that the member who wants to vote in favour of the motion shall affix the symbol (V ) tick and the member who wants to vote against the motion shall affix the symbol ('x') (cross), against the name of the person against whom no confidence motion is moved. It is a method of recording of votes provided under the rules, maintaining the secrecy. No confidence motion against the petitioner was declared to have been passed vide Annexure-P-3 by the presiding officer. This resolution is under challenge by means of this writ petition.

(3.) THIS petition is being finally disposed of with the consent of the learned counsel for the parties.