SAVITRI BAI Vs. STATE OF CHHATTISGARH
HIGH COURT OF CHHATTISGARH
STATE OF CHHATTISGARH
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DHIRENDRA MISHRA,J. -
(1.)WITH consent of the parties, heard finally.
(2.)BY this petition under Article 226 of the Constitution of India, the petitioner has impugned the order dated 2-1-2008 passed by the respondent No. 2, Additional Collector whereby the application of the petitioner under Sub-section (4) of Section 21 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short, 'the Act of 1993') has been rejected.
The petitioner was Sarpanch of Gram Panchayat Accholi. Up Sarpanch and other Panchas of the Gram Panchayat presented notice of no-confidence motion against the petitioner. The Prescribed Authority-respondent No. 3 taking cognizance of the above notice, fixed the date of holding a meeting to consider the no confidence motion and appointed respondent No. 4 as Presiding Officer to preside the above meeting.
(3.)ON 10-10-2007, 14 members of the Gram Panchayat out of 15 participated and voted in the meeting. Twelve members voted in favour of the motion whereas two members opposed the motion. The respondent No. 4 recorded the proceeding vide Annexure P-4 and held that the motion of no confidence against the petitioner is carried out. He forwarded the copy of the proceeding to the Collector, Panchayat and the Prescribed Officer.
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