LAWS(MPH)-2001-8-8

RAM PRASAD MAVAI Vs. HARI SINGH TOMAR

Decided On August 02, 2001
RAM PRASAD MAVAI Appellant
V/S
HARI SINGH TOMAR Respondents

JUDGEMENT

(1.) THIS petition is field challenging the order Annexure P-l passed by the Commissioner, Chambal Division, Morena, whereby the Commissioner entertained the revision against convening a meeting to consider the motion of no-confidence against the President of Janpad Panchayat, Morena. The Meeting was convened by the Prescribed Authority on 8-6-2001.

(2.) THE question involved in this case is whether the Court should interfere with the consideration of motion of no-confidence.

(3.) BRIEF facts of the case are that under Section 28 of the M. P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the 'adhiniyam'), twenty Panchas of Janpad Panchayat have submitted intention to bring motion of no-confidence against the President of Janpad Panchayat, Morena vide Annexure P-2. An order was passed by the Collector, District Morena on 29-5-2001 being Prescribed Authority that meeting shall be convened to consider motion of no-confidence against the President of Janpad Panchayat on 8-6-2001 at 11. 30 a. m. in the meeting hall of Janpad Panchayat, Morena. A notice of the meeting has been sent under Sub-rule (3) of Rule 3 of M. P. Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke Adhyaksh Tatha Upadhyaksh Ke Virudh Avishwas Prastav) Rules, 1994 (hereinafter, referred to as 'rules' ). Under Sub-rule (4) the Sub-Divisional Officer (Revenue) Morena was appointed to preside over the meeting.