S.B.SEN, S.M.N.RAINA
Gayasuddin Khan – Appellant
Versus
Gram Panchayat, Tal – Respondent
S.B. Sen, J.
The Petitioner Gayassuddin Khan was validly elected Sarpanch of village Kasba Tal, pargana Sironj, district Vidisha. On 17-7-70 a meeting was convened under the orders of the District Panchayat Officer, Vidisha. The order was passed on 22-6-70. Information about the said panchayat meeting was given by the Panchayat Officer to all members. In this meeting there was a resolution of no confidence against the Petitioner In-spite of his various objections raised in accordance with the Panchayat Act and Rules the resolution was passed. The Petitioner has sought to quash the proceedings of the said meeting by this petition under Article 226 of the Constitution.
According to the Petitioner the meeting suffered from the following defects:
(i) Under the rules a meeting to consider the motion of no confidence against the Sarpanch has to be convened in the manner prescribed under the rules. Notice of such a resolution is to be given in the prescribed form to the Secretary in advance, whereupon he has to fix the meeting after giving 7 clear days' notice to all the members mentioning the time, place and purpose. This rule has not been observed.
(ii) Yusuf Ali, the Up-sarpanch was n
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