SHARADA BAI KHATIK Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER was elected Sarpanch of the Gram Panchayat Rajakhedi, in the Election which was held on 10-6-1994. A motion of no confidence was brought against her on 30-11-1995 which was declared to have been passed. Aggrieved by the same, petitioner has preferred this writ petition under Articles 226/227 of the Constitution of India.

(2.) SHORN of unnecessary details, facts giving rise to the present writ petition are that on 20-11-1995 notice was given to the prescribed authority to convene the meeting of the Gram Panchayat to consider the motion of no confidence against the petitioner. The prescribed authority by its notice 20-11-1995, fixed 30-11-1995, as the date for convening the meeting. In the said meeting 21 members participated and on the ground that 17 votes were polled in favour of the no confidence motion and 4 against it, motion of no confidence was declared to have been carried out. According to the petitioner, however, out of, 17 votes polled in favour of no confidence motion, 4 votes although were invalid, but were counted in favour of the no confidence motion.

(3.) IT is the stand of the petitioner that although notice for convening the meeting of Gram Panchayat to consider the motion of no confidence was dated 20-11-1995 but the same was given to the members on 25-11-1995. On the basis of the above factual matrix, Shri Ravindra Shrivastava appearing in support of the writ petition submits that in case, 4 votes, which according to him are invalid are excluded from consideration, in favour of the no confidence motion, total number of votes polled in favour of the no confidence motion would be 13 and the same does not conform to the requirement of Section 21 of the M. P. Panchayat Raj Act, 1993 (hereinafter referred to as the Act ).