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PARTH PRATEEM SAHU
Manorama Yadu, W/o. Sanjay Yadu – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development – Respondent
ORDER :
1. The petitioner has filed this writ petition seeking following reliefs:-
10.2 That, this Hon’ble Court may be pleased to issue appropriate writ/direction for respondent authorities to set-aside the notice dated 12.06.2024.
10.3 Any other relief which this Hon’ble Court may deem fit and proper also kindly be granted to the petitioner, in the interest of justice.”
2. This writ petiton is filed raising grievance against the issuance of notice by the prescribed authority fixing the date, time and place for holding meeting of the No Confidence Motion against the Petitioner No. 1 (Sarpanch).
3. Learned counsel for the petitioner submits that the petitioner is an elected Sarpanch of Village Panchayat Pandadah, Janpad Panchayat Khairagarh. The elected Panchas of the Village Panchayat Pandadah submitted an application/notice before the prescribed authority on 03.06.2024. Pursuant to the notice received, prescribed authority has fixed date, time and place of the meeting on 21.06.2024 on 11:00 A.M at Village Panchayat Pandadah. He submits that the fixing of the date of
Mandatory compliance with statutory deadlines in No Confidence Motion procedures is essential for legality.
The requirement of a fifteen clear days' notice for no-confidence motions is mandatory, computed from the date of dispatch, excluding both the date of dispatch and the date of the meeting.
Procedural requirements for considering a motion of no confidence are mandatory and must be strictly followed, as interpreted from Rule 3(2) of the Rules of 1994.
The court confirmed that the 15 days notice requirement for a no-confidence motion is met by issuance, not receipt, affirming the legitimacy of the notices issued under the governing rules.
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