AGHURAM NISHAD Vs. STATE OF C G
HIGH COURT OF CHHATTISGARH
State Of C G
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DHIRENDRA MISHRA,J. -
(1.)WITH the consent of the parties, the matter was heard finally.
(2.)THE petitioners by the instant petition under Article 226 of the Constitution of India has impugned the order of Annexure P/6 dated 14.12.2007
passed by Upper Collector, Baloda Bazar, Distt. Raipur whereby the reference
under Section 21 (4) of the Panchayat Raj Adhiniyam, 1993 (for brevity 'the Act
of 1993') filed by the respondent No. 6, Sarpanch, has been allowed and the
resolution of 'No Confidence Motion' dated 27.8.2007 passed in the meeting of
Gram Panchayat Bhawanipur, has been set aside.
The undisputed facts are that the respondent No. 6 is elected Sarpanch of Gram Panchayat Bhawanipur. The 'No Confidence Motion' was submitted
against her by twelve members of the Panchayat before the prescribed authority
i.e. Sub Divisional Officer, Baloda Bazar, respondent No. 4 herein, on 6.8.2007.
The matter was posted on 13th August 2007 and on that date it was directed to
convene a meeting of the members of the Panchavat on 27th August 2007. Naib
Tehsildar, Palari, respondent No.5 herein, was appointed as presiding officer for
the above meeting to consider the 'No Confidence Motion' against the respondent
No. 6. The meeting was convened on 27.8.2007, in which all the 16 members of
Gram Panchayat Bhawanipur including the respondent No. 6 Sarpanch participated
and the presiding officer declared that the motion of No Confidence is carried out
with the majority of 12 members in favour and four against out of the total 16
members of the Panchayat.
(3.)A reference was filed by the respondent No. 6 Sarpanch against the above resolution passed against her on 27.8.2007 before the Upper Collector,
respondent No. 3 herein, on 25.9.2007. Initially, the reference was dismissed as
barred by time, however, the writ petition preferred by the respondent No. 6 was
allowed and the matter was remitted back to the Upper Collector/respondent
No. 3 for reconsideration of the reference after notice to all the concerned.
Accordingly, the matter was again heard by the Upper Collector/respondent No.
3, who, by the impugned order, set aside the 'No Confidence Motion' with an observation that compliance of Rule 3(3) of the Gram Panchayat Ke Sarpanch
Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchavat Ke President Tatha
Vice-President Ke Virudh Avishwas Prasta v Niyam, 1994 (for convenience 'the
Rule, 1994') is mandatory and in the instant case, the notice of 'No Confidence
Motion' was given on 6 August 2007 whereas the meeting was convened on
27th August2008 i.e. beyond the period of 15 day and it was in contravention of the mandatory provisions of Rule 3(3) of the Rules, 1994.
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