SUNITA BAI CHAUDHARY Vs. OMKAR SINGH & OTHERS

JUDGEMENT

(1.) The singular interesting question involved in this case is whether the 2nd No Confidence Motion initiated against the petitioner without rejecting the 1st No Confidence Motion was entertainable in the teeth of Section 21 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.

(2.) The relevant facts of this case are within the narrow compass. Petitioner was elected as Sarpanch on 202015. The first No Confidence Motion was initiated against her on 18.08.2017. The competent authority did not take any decision on this motion dated 18.08.2017. Another No Confidence Motion dated 28.09.2017 was filed which was entertained and consequently impugned order was passed.

(3.) Mr. Pramendra Singh criticized the action of the competent authority in entertaining the 2nd No Confidence Motion by contending that 1st No Confidence Motion was filed within 2 years' from the date of election of petitioner. The petitioner filed his objection against this first motion. The competent authority did not decide the said objection either-way. During the pendency of first motion, the second motion was entertained which runs contrary to the legislative mandate ingrained in Sub-section (3) of Section 21 of the Act of 199