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2001 Supreme(MP) 561

DIPAK MISRA
Rajaram Patel – Appellant
Versus
State of M. P. – Respondent


Advocates:
R.P. Kanojia for petitioner;
R.S. Jha, Dy. Advocate General for respondents.

ORDER

1. Invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution, the petitioner has prayed for calling for the entire records of the proceeding before the prescribed authority pertaining to the issuance of the notice for motion of no-confidence and further to issue a writ of certiorari quashing the Annexure P-3 and to pass such order/orders as may be deemed fit and proper in the facts and circumstances of the case.

2. The facts as have been portrayed in the writ petition are that the petitioner was elected as the Sarpanch of Tilhari Panchayat, District Jabalpur as the said post fell vacant in the year 2000. The election for the member of the Gram Panchayat was held on 11.12.1996 in which the respondent No.4 was elected as the Sarpanch and he assumed office on 23.1.1997 when the prescribed authority convened the first meeting under section 20 of the M.P. Panchayat Raj Adhiniyam, 1993. It is pleaded in the writ petition that the term of the Panchayat is five years commencing from the date of the first meeting. The election of respondent No.4 was declared void as a result of which a vacancy in the post of Sarpanch arose and in the bye-elect












































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