BHULIN DEWANGAN Vs. STATE OF M P

JUDGEMENT

(1.) IN the course of deciding this writ petition on merits which was filed to assail the 'no Confidence Motion' passed against the petitioner as elected Sarpanch of Gram Panchayat, Koora, Hon'ble Justice Dipak Misra, sitting singly found that in construing the provisions of Section 21 of the M. P. Panchayat Raj Adhiniyam, 1993 and analogous provisions of the repealed Act as also sub-rule (3) of Rule 3 framed thereunder have been differently construed in several Single Bench decisions of this Court (INFRA) and in these decisions earlier Division Bench decision of this Court in Gayasuddin v. Gram Panchayat (1971 JLJ 286) was not noticed, The learned Judge also found that the decision of this Court in Akbar Khan v. S. D. O. , Mandleshwar (1997) 2 Vidhi Bhasvar 284] was not noticed in Sharda Bai v. State of M. P. [ (1997) 2 MPLJ 291]. The learned Single Judge, therefore has made this reference to the Full Bench for resolving the cleavage of opinions expressed by several Benches of this Court on the import and effect of the provisions contained in Section 21 of the Act and Sub-rule (3) of Rule 3 of the Rules.

(2.) WE have heard learned counsel Shri N. K. Shukla for the petitioner, Shri Ajay Mishra, learned Government Advocate for the State and its Authorities and Shri Ahadullah Usmani learned counsel for respondent Nos. 3 to 15, 17 and 19. We have gone through the various decisions referred in the order of reference of the learned Single Judge and those cited at the Bar. The sole question for consideration before us is one of general importance regarding the interpretation of Sub-rule (3) of Rule 3 of the M. P. Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 (shortly referred as 1994 Rules) read with Section 21 of the M. P. Panchayat Raj Adhiniyam, 1993. The relevant provisions contained in Section 21 of the Act and Rule 3 including sub-rule (3) thereunder which are for interpretation before us need reproduction in full:-

(3.) NOTICE.-- (1) Elected members of Gram Panchayat, Janpad Panchayat or Zila Panchayat desiring to move a motion of no-confidence against the Sarpanch or Up-Sarpanch of a Gram Panchayat or President or Vice-President of Janpad or Zila Panchayat, as the case may be, shall give a notice thereof to the prescribed authority in the form appended to these rules : Provided that such notice shall be signed by not less than one third of the total number of elected members of the concerned Panchayat: