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2007 Supreme(Chh) 251

SATISH K.AGNIHOTRI
PILARAM DEEWAN – Appellant
Versus
STATE OF C. G. – Respondent


Advocates appeared:
Mr. Manoj Paranjpe, Advocate, for the Petitioner.
Mrs. Anju Ahuja, Deputy Government Advocate, for the State/respondents No.1 to 4.
Mrs. Renu Kochar, Advocate, for the Respondent No.5.

ORDER

1. By this writ petition, filed under Article 226/227 of the Constitution of India, the petitioners challenge the legality and validity of the impugned order dated 18.9.2006 passed by the Collector, Mahasamund in Revenue Case No. 34/A89/2005-06, wherein and where under, it was held that 'No-Confidence Motion', placed in the Gram Panchayat meeting held on 30.8.2006 against the respondent No.5 Sarpanch, Gram Panchayat, Dongargaon, Block Bagbahra, Tahsil & District Mahasamund was not carried out, in accordance with law. Thus, the resolution to carry out No-Confidence Motion' was declared invalid.

2. The indisputable facts in nutshell are that the petitioners are elected Panchas of Gram Panchayat, Dongargaon, Tahsil, Bagbahra, District, Mahasamund (hereinafter referred to as 'Gram Panchayat'). The respondent No.5 was elected Sarpanch of Gram Panchayat. The total number of Panchas, excluding the Sarpanch in the Gram Panchayat are 19 Panchas. The notices to hold the meeting for carrying out No Confidence Motion was despatched on 22.8.2006 (Annexure P-1 to P- 19). In the notice, it was clearly stated that Shri G.S. Sharma, Naib Tahsildar, Bagbahra would be appointed as Presiding Off


























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