BHIM SINGH DEHARIA Vs. COLLECTOR, CHHINDWARA

JUDGEMENT

(1.) PETITIONER Bhim Singh Deharia was Sarpanch of Gram Panchayat Sirgoura, Block parasia, District Chhindwara. A motion of no -confidence was brought against him which was considered in the special meeting convened for the purpose by the members of the Gram Panchayat on 10.1.1997 and the same was said to have been carried out against him. On 13.1.1997, the Chief Executive Officer of the said Panchayat directed the petitioner to hand over articles and records to the Panchayat Secretary. Said proceedings were challenged by the petitioner by means of writ petition No. 580/97, which was finally disposed of by this Court on 7.2.1997 on the objection raised by the learned State Counsel that in view of the amendment incorporated in Section 21 of the M.P. Panchayat Raj Adhiniyam, 1993 by Amendment No.2 of 1997 bringing on the statute book sub -section (4) which reads as:

(2.) THIS Court refused to interfere on merit with the order and the petitioner was relegated to avail the alternative remedy and the petitioner was required to apply for the certified copy of that proceeding by which the motion of no -confidence was passed, within 10 days from the date of the order passed in the said writ petition i.e. 7.2.97. By the said order a direction was issued to the respondents No.4 and 5 for supplying the copy of the proceeding relating to no -confidence motion and if was further observed that if within 7 days from the date of supply of copy, the petitioner files an appeal, the Collector shall decide the same according to law.

(3.) THIS petition is being finally disposed of as prayed by the learned counsel for the petitioner and the learned State counsel. Instead of initiating proceedings against the Collector Chhindwara as the learned State counsel stated, the Collector may be asked for deciding reference on merit as the order of this Court was not produced or communicated to the Collector otherwise there was no question of any disobedience of the order of this Court by him. Accordingly, the petition is heard and disposed of with the consent of the learned counsel for the parties.