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2003 Supreme(MP) 631

A.K.MISHRA
Jugraj Singh Markam – Appellant
Versus
Dhannulal Maravi – Respondent


Advocates:
Pradeep Narvariya for petitioner; K.L. Pande for respondent No.1,
R.S. Jha, Deputy Advocate General for respondents No, 2 and 3.

ORDER

1. Petitioner in this writ petition assails the order P-2 passed by the Collector, Balaghat, holding the no confidence resolution to be illegal and also holding the order dated 26.7.2002 with respect to the appointment of the Presiding Officer as illegal.

2. It is averred in the petition that petitioner is a Panch of Gram Panchayat Kareli, Tehsil Baihar, District Balaghat and holding the charge of the post of Sarpanch. Respondent No. 1 was elected as Sarpanch of Gram Panchayat Kareli. No-confidence motion was moved against Sarpanch Shri Dhannulal Maravi/respondent No. 1. The resolution was passed by 2/3rd majority. Presiding Officer held that no-confidence motion has been duly passed against the Sarpanch. However, Sarpanch preferred dispute u/s 21(4) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993. In the dispute, it was submitted, notice was not despatched before seven clear days of the meeting. As such the order of SDO is illegal and in violation of the mandatory provisions of Rule 3 of the Rules for no-confidence motion. Modification in the order of appointment of Presiding Officer was made. The Presiding Officer was changed on 26.7.2002 which was not informed to
































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