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2004 Supreme(MP) 77

S.S.JHA, A.K.GOHIL
Kamla Durga Solanki – Appellant
Versus
State of M. P. – Respondent


Advocates:
R.D. Jain with M.P.S. Raghuvanshi for appellant;
Jitendra Maheshwari for respondent No.4.

JUDGMENT

Jha, J. -- 1. This appeal is filed against the judgment of the Single Bench holding therein that the motion of no-confidence passed against respondent No. 4 is invalid. It is contended that after passing of the non-confidence motion, appellant was elected subsequently as the President of Zila Panchayat, Morena, under section 32 of the Madhya Pradesh Punchayat Raj and Gram Swaraj Adhiniyam, 1993.

2. Brief facts of the case are that respondent No.4 Shrimati Guddibai was elected as member of Zila Panchayat, Morena, and thereafter she was elected as President of the Zila Panchayat under section 32 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter, referred to as the "Act"). After her election, an application wa3 submitted to the Commissioner, Chambal Division, by some of the members of the panchayat proposing to move motion of no-confidence against the elected president. On receiving the letter of the members, Commissioner issued notice Annexure P-3 dated 12.8.2002 (annexed with the writ petition), fixing a date to consider the motion of no-confidence and appointed Co11ector, District Morena, as Presiding Officer to conduct the motion. Meeting was

























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