A.K.MISHRA
Sukhnandan Patel – Appellant
Versus
State of M. P. – Respondent
1. Petitioner in the instant case seeks issuance of writ of certiorari to quash the order passed by Additional Collector Annexure P-5 setting aside the no-confidence motion contained in resolution Annexure P-3 passed by Gram Panchayat Khejari Lakhroni, Tehsil patharia on 5.12.2001 which was carried on by the majority of 12 against 4 Panchas.
2. Petitioner Sukhnandan Patel was Up-Sarpanch. While he was holding the office of Up-Sarpanch of Gram Panchayat Khejari Lakhroni, Tehsil Path aria, District Damoh, a no-confidence motion was passed. The Collector is the competent authority to decide the dispute u/s 21(4) of the M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the Act, 1993). Shri Prabhudayal Patel, respondent No. 2 was the Sarpanch of the Gram Panchayat of Khejar, Lakhroni against whom the no-confidence motion was passed on 5.12.2001. The petitioner and other Panchas were not satisfied with the activities of the Sarpanch Shri Prabhudayal Patel respondent no. 2, therefore, no-confidence motion was passed against him.
3. An application for requisition of meeting for consideration of no-confidence motion was made to the prescribed authority under Rule 3 of the
1. Kandhilal Patel and others v. State of M.P. and others = [1999(2) JLJ 109]
3. Shankarlal Patidar v. State of M.P. and others = [1975 JLJ 386
4. Montreal Street Railway Company v. Normandin = AIR 1917 PC 142
6. Bal Krishan Patel v. Brijendra Patel and others = [1985 JLJ 522
9. Kandhilal Patel v. State of M.P. = [(1999) 2 JLJ 109]
2. Bhuli Devangan v. State of M.P. = [2000(2) JLJ 253
7. Jagdish Prasad Bhunjwa v. State of M.P. and others = [1996 JLJ 335
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