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2009 Supreme(Chh) 105

RAJEEV GUPTA, SUNIL KUMAR SINHA
GAURI BAI – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Ms. Sunita Jain, Advocate, for the Appellant.
Mr. Sumesh Bajaj, Govt. Advocate, for the State/ respondents 1 to 5.
Mr. Manoj Paranjpe, Advocate, for the Respondents 13 to 17.

JUDGMENT

Shri Sunil Kumar Sinha, J. :

1. Challenge in this appeal is to the order dated 2nd of April, 2008 passed by the learned Single Judge of this Court in W.P.(C).No.34/2008, whereby the writ petition filed by respondents 13 to 17 was allowed and the resolution of no confidence motion was held to have been passed by the Gram Panchayat against the appellant, who was holding the post of Sarpanch.

2. The back -ground facts in a nutshell are as follows:

The appellant was the elected Sarpanch of Gram Panchayat, Bhawanipur. Out of 16 members constituting the Gram Panchayat, 12 members submitted a notice of no-confidence motion against the appellant before the prescribed authority Le., the Sub-Divisional Officer, Baloda Bazar on 06.8.2007. The prescribed authority, after being satisfied, directed to convene a meeting of the members of the Gram Panchayat and fixed the date of27.8.2007 to consider the said motion. Naib Tahsildar, Palari, was appointed as Presiding Officer for the above meeting to consider the no-confidence motion against the appellant. The meeting was convened on 27.8.2007 in which all the 16 members of Gram Panchayat, including the appellant Sarpanch, participated and the























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