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2002 Supreme(MP) 606

A.K.MISHRA
Ram Bhilash Patel – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
A.T. Faridi for petitioner;
Praveen Pandey for respondent No.4

ORDER

1. Petitioner seeks the relief of quashing the decision by Presiding Officer as contained in Annexure P-l holding that no-confidence motion moved against Sarpanch of Gram Panchayat Shri Ram Mani Patel was not carried by requisite majority in accordance with the provisions of section 21 of M.P. Panchayat Raj Adhiniyam, 1993 (for short 'the Act').

2. Petitioner submits that in all 21 Panch as voted including Sarpanch and Up-sarpanch. The total votes cast in favour of no-confidence motion were 15 and the votes cast against no-confidence motion were 6. The petitioner submits that the post of the Sarpanch against who no confidence motion was moved could not be taken into consideration for arriving at requisite figure of majority of the Panchas present and voting and for the time being constituting the Gram Panchayat as per section 21 of the Act. Petitioner submits that the 'Sarpanch' against whom the no-confidence motion was moved was not a 'Panch' of the Gram Panchayat concerned since Ram Mani Patel was directly elected as Sarpanch of. Gram Panchayat Dahuli, Tahsil Churhat, District Sidhi. Petitioner submits that Gram Panchayat has been constituted of 20 Panchas and one Sarpanch an















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