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2003 Supreme(Ker) 150

R.RAJENDRA BABU
M. J. Valsalam – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Petitioner is an elected member and the vice president of the Kanjiramkulam Grama Panchayat, the 4th respondent, Smt.Sarasi Kuttappan, the 6th respondent herein, was the president of the above panchayat. A no confidence motion was moved against the president of the panchayat viz. the 6th respondent on 13.11.2001 and the majority of the members voted in favour of the motion and the motion was carried with the support of the majority members. Accordingly the 2nd respondent, the representative authorized by the Election Commission, who convened and presided over the above meeting, had sent the copy of the minutes of the meeting together with copy of the motion and the result of voting to the Government and also to the Election Commission as provided by law. On 15.11.2001 the 6th respondent filed a petition before the 1st respondent under sec.191 of the Panchayat Raj Act (for short, the Act) for rescinding the result of the no confidence motion describing it as a resolution passed by the panchayat. The 1st respondent by Ext.P3 order dt.5.12.2001 set aside the proceedings of the meeting held on 13.11.01. The petitioner and some other members of the Board challenged Ext.P3 or








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