Decided on November 11,2008



Satish K. Agnihotri, J. - (1.)BY this "petition, the petitioner impugns the order dated 15-11-2006 (Annexure P-l) passed by the Additional Collector, Bemetara, in Case No. 36-C/144/2005-06, whereby the decision of the Presiding Officer was quashed wherein it was held by the Presiding Officer that the 'no confidence motion' was not carried out.
(2.)THE indisputable facts, in nutshell, as projected by the petitioner are that the petitioner is a duly elected Sarpanch of Gram Panchayat, Kaun, Tehsil Nawagarh, District Durg and 'no confidence motion' was brought against the petitioner on 6-7-2006 after following due procedure as required to initiate no confidence motion. According to the petitioner, only seven persons voted in favour of the motion and three persons voted against the motion and one was declared invalid by the Presiding Officer. THE requirement 3/4th of the total members present voting in favour No Confidence Motion would be 8.35 as total numbers of members present were 11. Even if one vote is taken in favour of the no confidence motion, the total members would be 8, i.e., less than 8.35. THErefore, the finding of the Presiding Officer that motion was not carried out, was correct. THE order passed by the Additional Collector cannot sustain on the simple ground that the requirement of law is 3/4th of the total persons present in the proceedings and voted in favour of the 'no confidence motion' to hold that the motion has been carried out. I have heard learned Counsel for the parties, perused the pleadings and documents appended thereto.
The Additional Collector proceeded on the basis that if 2/3rd members present have voted in favour of the 'no confidence motion', the same may be treated as the motion has been carried out. The finding of the Additional Collector is contrary to the provisions of Section 21 (1) of the C.G. Panchayat Raj Adhiniyam, 1993 (for short, "the Adhiniyam, 1993"). Section 21 (1) of the Adhiniyam, 1993 reads as under:

21. No-Confidence Motion against Sarpanch and Up-Sarpanch.- (1) On a motion of no-confidence being passed by the Gram Panchayat by a resolution passed by majority of not less than three-fourth of the panchas present and voting and such majority is more than two-third of the total number of Panchas constituting the Gram Panchayat for the time being the Sarpanch or Up-Sarpanch against whom such motion is passed, shall ceased to hold office forthwith.
Thus, the order passed by the Additional Collector is not sustainable in law and is quashed. The order dated 6-7-2006 (Annexure P-2) passed by the Presiding Officer for no confidence motion is confirmed. Accordingly, the petition is allowed. No order as to costs.

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