C.K.PRASAD
Shrinarayan Tiwari – Appellant
Versus
State of M. P. – Respondent
1. Respondent No.5 is the Sarpanch of the Gram Panchayat Sansi whereas petitioner No.1 is the Up-Sarpanch of the said Gram Panchayat and petitioners 2 to 8 are its Panchas. A motion of no-confidence was passed against respondent No.5 on 21.8.95. Aggrieved by the passing of the no-confidence motion, respondent No.5 preferred revision under Rule 5 of the M.P. Panchayat (Appeal & Revision) Rules, 1995 before the Collector, who by its order dated 21.8.95 set aside the resolution of the no-confidence motion. While doing so, it held that the notice was not despatched by the Secretary to the Panchas according to time fixed under the rules nor separate notice were given to them. This in the opinion of the Collector vitiated the no-confidence motion. Aggrieved by the aforesaid order, petitioners have preferred this writ petition filed under Article 226/227 of the Constitution of India.
2. It is relevant here to state that Rule 3 of the Rules contemplates that the notice of the meeting to consider the no-confidence motion, specifying the date, time and place thereof, shall caused to be despatched by the Prescribed Authority through the Secretary of the Gram Panchayat to every member of t
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