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High Court Of Madhya Pradesh
Shiv Dayal and S. M. N. Raina, JJ.
MAHENDRA SINGH - Appellant
Versus
COLLECTOR, GWALIOR - Respondents
Misc. Petn. Case 145 Of 1970
Decided On : 10/07/1970
Section 18 of the Act prescribes that the Panchas shall enter upon the office with effect from the date of first meeting of the Gram Panchayat under sub-section (2) of section 19. Sub-section (1) of section 19 provides that the meeting of the elected panchas shall be called as soon as possible after the general election. Sub-section (2) lays down that the first meeting of the Gram Panchayat shall be held within one month of the date on which the election, appointment or co-option, whichever was last declared.
H is quite clear from sub-section (2) of section 19 that after the ejection and co-option of the panchas, a meeting of the Gram Panchayat has to be held within one month of the date on which the co-option was declared. [Para 8
It is also clear that the 'first meeting' within the meaning of section 19 (1) is that meeting which is called 'of all elected members' for the purpose of co-opting members, but the 'first meeting' within sub-section (2) is that meeting of the Gram Panchayat which is held under section 21 and it must be held within one month of the date on which the meeting under section 19 (1) is held and members are co-opted. [Para 9
Section 20 uses the word 'notified' which is done in the manner provided under Rule 80 of the M. P. Gram Panchayats Election and Co-option Rules, 1963. It may be done immediately or later on. Section 19 (2) employs the word 'declared' which is different from 'notified'. [Para 10
Section 18 must be read to mean that the Panchas enter upon their offices with effect from the date of the first meeting of the Gram Panchayat fixed under section 19 (2) or, in other words, under section 21. With effect from that date the Panchas enter upon their offices automatically. Their entering upon their offices is not dependent upon the notification of their election' under section 20. This is further reinforced by the proviso to section 18 that the out• going Panchas continue to hold office upto the "day preceding the date of the first meeting" fixed under section 19 (2) or held under section 21. [Para 11
(2) Panchayats Act, 1962 (MP) - S. 24 - Gram Panchayats (No-confidence Motion Against Sarpanch or Upsarpanch) Rules, 1964 (MP) - R. 2 - notice not given on the form prescribed by Rules - reasons for the motion not given - motion not invalid.
It is true that notice for no confidence motion was not given on the printed form but there was substantial compliance as the notice unequivocally stated that the signatories to that notice proposed to move a no• confidence motion against the Sarpanch. The prescribed form no doubt employs the expression "for the following reasons", but no provision gives the reasons on which a motion of no-confidence can be moved. In other words, a resolution can be passed just because the required majority of panchas vote in favour of the no-confidence motions. Therefore the reason given in the notice that 'the Panchas have no confidence in the Sarpanch' was substantial compliance with the rules. [ Para 16
( 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 elected in the new election of 1970, their election had not been notified within the meaning of Rule 80 of the Rules framed under Section 12 of the Act.
( 5 ) SECTION 11 of the Act provides for the constitution of the Gram Panchayat, which is to be composed of elected members and members co-opted or appointed under Sub-section (3), (5) or (7) of that section.
( 6 ) SECTION 12 of the Act enacts that the election and co-option of Panchas of a gram Panchayat shall be in accordance with rules made under the Act. The rules were made and published by the Government under Notification No. 167-646xviii-R, dated July 29, 1963, in the M. P. Rajpatra (Part II) dated August 9, 1963, at page 593.
( 7 ) SECTION 18 of the Act runs thus:--"the Panchas of a Gram Panchayat shall, save as otherwise provided in this Act, enter upon their offices with effect from the date of the first meeting of the Gram Panchayat fixed under Sub-section (2) of Section 19 and hold office for a term ' of five years : provided that the term of office of the outgoing Panch shall be deemed to extend to and expire on the day preceding the date of the first meeting of the succeeding Gram Panchayat under Sub-section (2) of section 19: provided further that the State Government may, by notification, extend the term from time to time for a total period not exceeding one year in the aggregate. "
( 8 ) IT is enacted in Section 19 (1) as follows:--"19 (1) The prescribed authority shall, with the prior approval of the collector as soon as may be after every general election, call a meeting of the elected members for the purpose of co-opting members as required by Section 11, if necessary, and all provisions contained in this chapter shall, regarding meeting of the Gram Panchayat, as far as may be, apply in respect of the said meeting. " this sub-section is followed by Sub-section (2) which reads thus:-" (2) The first meeting shall be held within one month of the date on which the election, appointment or co-option, as the case may be, whichever was last declared. " it is quite clear from Sub-section (2) that after the election and co-option of the panchas, a meeting of the Gram Panchayat has to be held within one month of the date on which the co-option was declared.
( 9 ) IT is then enacted in Section 21 thus:--"21. (1) Every Gram Panchayat shall at its first meeting elect from amongst its members a Sarpanch and an Up-Sarpanch. (2) If the Gram Panchayat fails to elect a Sarpanch and an Up-Sarpanch in accordance with this section, the Collector may by order, direct the gram Panchayat to elect the Sarpanch or the Up-Sarpanch within the period specified therein and on failure of the Gram Panchayat to do so, appoint any person eligible under Sub-section (1) to fill the vacancy. (3) The State Government may
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