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1999 Supreme(MP) 19

R.S.GARG
Kandhilal Patel – Appellant
Versus
State of M. P. – Respondent


Advocates:
G.S. Baghel for petitioners; J.P. Agarwal and R.K. Gupta for respondents.

ORDER

1. By this petition under Article 227 of the Constitution of India, the petitioners seek to challenge the correctness, validity and propriety of the Order dated 28.10.98 passed in Revision Case No. 460/A-89/97-98 by the learned Addl. Commissioner, Jabalpur, reversing the Order dated 29.6.98 passed in case No. 88-121-97-98 by the learned Addl. Collector, Jabalpur.

2. Brief facts necessary for disposal of the present petition are that the respondent No.4, elected Sarpanch had faced a no-confidence motion, a meeting for consideration of said no-confidence motion was convened on 13.2.98. Proper notices were issued to all the 12 Panchs, including Sarpanch constituting the Panchayat. On 13.2.98, in presence of all the members constituting the Panchayat, the motion was considered, 9 Panchs voted in favour of the motion, while the respondent No.4. 5 and 6 voted against the motion. It is noteworthy that instead of going for the secret ballet, the Panchs were asked to show their opinion by raising hands. As 9 Panchs favored the motion by raising their hands in favour of the motion, the authority declared the motion to be carried. Being aggrieved by the said order, the respondent No.4 mov





















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