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1997 Supreme(MP) 604

D.P.S.CHAUHAN
Deshraj Singh – Appellant
Versus
Gram Panchayat, Tilabujurg – Respondent


Advocates:
T.S. Ruprah for petitioner; P.C. Paliwal and V. Awasthy for respondents.

ORDER

1. The petitioner Desraj Singh was SarpancSh of Gram Panchayat Tilabujurg having been elected under Section 17 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (for brevity, hereinafter referred to as the Act). The Gram Panchayat Tilabujurg was constituted having him as Sarpach, one Up-Sarpanch and nine other members.

2. A notice for bringing motion of no-confidence against the Sarpanch was given whereupon the prescribed authority, after being satisfied about the admissibility of the notice with reference to section 23, 28 (3) and 35 (3) of the Act, as the case may be, fixed the date, time and place for the meeting of the Gram Panchayat Tilabujurg for consideration of the motion of no-confidence. The meeting for consideration of the motion of no-confidence against the petitioner was held on 24.7.96 and the motion of no-confidence against the petitioner was considered. Under sub-rule (5) of Rule 5 of the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch. Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 (for brevity, hereinafter referred to as the Rules), it has been provided that the member wh






























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