C.K.PRASAD
Ram Charan Ahirwar – Appellant
Versus
Sub-Divisional Officer, Jatara – Respondent
1. By this writ application the petitioner, who is an elected Sarpanch of the Gram Panchayat Vrishbhanpura, has challenged the resolution of Gram Panchayat dated 19.4.1996, whereby the motion of no-confidence against the petitioner, has been carried out.
2. Short facts, necessary for the decision of the present writ application, are that the petitioner was an elected Sarpanch of Gram Panchayat Vrishbhanpura. For the purpose of consideration of the motion of no-confidence a meeting of the Gram Panchayat was held on 19.4.1996 and the same was presided over by the Naib Tehsildar. In the said meeting the no-confidence motion was passed by required majority and the same was determined by raising of hands of the members. The minute of the meeting of Gram Panchayat dated 19.6.1996 (Annexure P-1), impugned in the present petition inter alia shows that in the meeting 11 members raised their hands in support of the no-confidence motion and accordingly the no-confidence motion was carried out.
3. Counsel for the petitioner submits that the aforesaid procedure for voting on a no-confidence motion is not sanctioned by law and the procedure adopted. renders the motion passed non est in the ey
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