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1974 Supreme(MP) 10

N.C.DWIVEDI, G.L.OZA
RAMDAS SUJAN SINGH – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
A.R.Naokar, B.M.SINGH, J.P.SHRIVASTAVA

DWIVEDI, J.

( 1 ) THIS is a petition under Articles 226/227 of the Constitution of India for issue of writ of certiorari that the 'no-confidence' motion, passed on 25-10-71 against the petitioner Ramdas be quashed.

( 2 ) THE petitioner's case is this. The Gram Panchayat, Thanra in Block khaniadhana, District Shivpuri, consisted of 15 members. The petitioner was elected as 'up-Sarpanch'. On 5-10-71, a notice (Annexure 1) was issued to the panchas convening a meeting of the Gram Panchayat on 25-10-71 for consideration of the 'no-confidence' motion against the petitioner. On 25-10-71 the meeting was called and commenced at 11 A. M. , but actually it started at 1230 p. M. The motion of 'no-confidence' was passed against the petitioner vide annexure 2, who challenged its validity on the grounds, (i) that the meeting though scheduled to begin at 11 A. M. actually started at 12-30 P. M. ; (ii) the voting by the Ranchas was not by show of hands and thus there was no voting as contemplated by Section 24 of the M. P. Panchayats Act and the Rules framed thereunder; (iii) that the meeting was not attended by Manila Panchas; (iv) that the notice was not given by the Secretary as required by the














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