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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