SEVA YADAV Vs. STATE OF MP

JUDGEMENT

(1.) THE appellant being aggrieved with the order dated 7-1-2008 passed by the learned Single Judge in Writ Petition No. 582. 08, whereby dismissed the writ petition filed by the appellant/petitioner challenging the action of the competent authority regarding the adjournment of meeting dated 13-12-2007, which was fixed for consideration of no confidence motion, has filed this Writ Appeal under section 2 (1) of the Madhya Pradesh Uchcha nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005,

(2.) BRIEF facts of the case are that the petitioner is an elected Sarpanch of gram Panch Todia Khasla District Shivpuri. She was elected in the month of jan.-Feb. , 2005. Her case before the Writ Court was that on 29-11-2007, out of total 18, 13 Panchas of the aforesaid Panchayat submitted a motion for no confidence before the Sub-Divisional Officer. The motion was signed by all 13 members and grounds were also mentioned therein. The aforesaid motion was taken on record and direction was given to the Secretary to produce the record as well as to Chief Executive Officer Janpad Panchayat, Pohri to produce the list of elected Panch of the Panchayat. A copy of the aforesaid resolution was also forwarded to the Collector and the case was fixed for 5-12-2007. A notice under section 3 (1) 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 (hereinafter referred to as the Niyam of 1994) was also issued by the Sub-Divisional officer on 29-11-2007 to the appellant. On 5-12-2007 Chief Executive Officer Janpad Panchayat, pohri produced a list of 18 elected Panch of the Panchayat and it was mentioned that one Panch elected from Ward No. 16 has expired. Thereafter Naib Tehsildar was appointed as Presiding Officer and meeting was fixed for 13-12-2007 at government Secretariat building at 11 a. m. for considering the motion of no confidence. On the same day i. e. on 5-12-2007, at about 2. 30 p. m. C. E. O. Janpad panchayat Pohri submitted a letter that the election programome for the election of Panch of Ward No. 16 has been pronounced by the Election Officer, District shivpuri and election programme has commenced from 30-11-2007 to 22-12-2007 and model code of conduct has also come into force. Therefore, in such circumstances it was considered that the election programme will affect the meeting for no confidence motion. Therefore the meeting fixed for 13-12-2007 was adjourned and it was directed that fresh date shall be fixed after 22-12-2007. Against this order of adjournment, the petitioner has filed W. P. No. 5821/07. By order dt. 7-1-2008 learned Writ Court dismissed the writ petition holding therein that under the facts and circumstances of the case, the SDO respondent No. 2 has not committed any illegality in adjourning the meeting of 13-12-2007, which was fixed for considering the no confidence motion and dismissed the writ petition against which the appellant has filed this Writ Appeal.

(3.) WE have heard the learned counsel for the parties and perused the documents and record.