- (1.) This application has been filed for quashing the order dated 13.02.2013 passed by the State Election Commissioner Jharkhand , Ranchi in Appeal Petition No.1- Gumla/2012, whereby and where under, he set-aside the proceedings of no confidence motion brought against Respondent no.6, and ordered that she will continue to function as Pramukh of the Panchayat Samiti , Basia.
(2.) It appears that petitioner no.12( Rasmi Minz) gave a notice of no confidence motion against respondent no.6 on 31.10.2012, which was signed by other petitioners. It further appears that the said notice of no confidence motion received in the office of respondent no.4 on the same date. It further appears that respondent no.4 on 09.11.2012 issued notice in Form 'kha' for holding meeting on 24.11.2012. It is stated that on 23.11.2012 the meeting was adjourned vide Annexure-7 and re-fixed on 12.12.2012 by Annexure-9. It then appears that vide Annexure-10 the meeting was again adjourned by respondent no.4. Thereafter, vide Annexure-11, the new date of meeting was fixed on 15.12.2012. It further appears that on 15.12.2012, the meeting took place and in the said meeting no confidence motion passed against respondent no.6. The respondent no.6 has challenged the aforesaid resolution before respondent no.2, by filing a petition u/s 43 of Jharkhand Panchayat Raj Act (hereinafter referred as Act). Respondent no.2 by his order dated 13.02.2013 set aside the aforesaid resolution on three grounds namely :- i) The Presiding Officer(respondent no.4) have made no efforts to see whether the grounds of no confidence motion are based on facts, which is mandatory as per Rule 3-VII of Jharkhand Panchayat (Grampanchayat ke Up Mukhiya/ Panchayat Samiti ke Pramukh evem Up Pramukh / Zila Parishad ke Adhyaksh ke virudh aviswas prastav sanchalan prakriya) Niyamawali, 2002 (hereinafter referred as the above Rules). ii) The Election Commission further found that the date of meeting was fixed on 24.11.2012 in violation of Rule-3-VIII of the above Rules.. iii) From perusal of proceeding of the Panchayat Samiti dated 15.12.2012, the Election Commission further found that no member had stated anything about the grounds for no confidence motion. Thus, the commission come to the conclusion that there is no debate on the issue.
(3.) From perusal of impugned order, it further appears that learned Election Commissioner called for the register of the proceedings of the Panchayat Samiti and after perusing the same, found that allegations against the respondent no.6 that she did not constitute Standing Committee and was unable to call meeting are not sustainable. Accordingly, learned Election Commissioner set aside the resolution by which no confidence motion passed on 15.12.2012 and directed that respondent no.6 will continue to function as Pramukh of the Panchayat Samiti, Basia. The said order challenged in this writ application.;