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1970 Supreme(MP) 115

SHIV DAYAL, S.M.N.RAINA
MAHENDRA SINGH – Appellant
Versus
COLLECTOR, GWALIOR – Respondent


Advocates Appeared:
S.K.Dubey, Swami Saran

SHIV DAYAL, J.

( 1 ) THIS is a petition under Article 226 of the Constitution for quashing the proceedings of the meeting of the Gram Panchayat, Parsen, District Gwalior, in which a resolution of no confidence was passed by the Gram Panchayat against the petitioner, the Sarpanch of that Panchayat.

( 2 ) THE petitioner was elected Sarpanch in the year 1964 under the M. P. Panchayats Act, 1962. In the new elections which were held in June and July 1970, he was again elected a Panch and in the first meeting of the Gram panchayat which was held on August 4, 1970, he was again elected Sarpanch.

( 3 ) ON August 21, 1970 a few Panchas gave a notice to the Secretary of the Gram panchayat of their desire to move a motion of no-confidence against the petitioner. The Secretary then convened a meeting of the Gram Panchayat for the purpose of Section 24 of the Act. On September 18, 1970, a meeting was held and the motion of no-confidence was passed by all the 11 members who were present and who voted.

( 4 ) IT is contended by the petitioner that the Panchas who gave notice of their desire to move the motion of no-confidence were not competnt to give such a notice inasmuch as though they were el




















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