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2004 Supreme(MP) 392

K.K.LAHOTI
Nanchibai – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
A.D. Mishra for petitioner;
Sanjay K. Agrawal, Government Advocate for respondents No.1, 2, 3 and 5.

ORDER

1. The petitioner has challenged the legality and validity of no-confidence motion dated 16.9.2003 passed against the petitioner, solely on the ground that meeting was not convened as per rule 3 of M.P. Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, J anpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Viruddh Avishwas Prastav) Niyam, 1994 (hereinafter referred to as 'Rules' for short), and the resolution passed against the petitioner may be quashed.

2. Short facts for consideration in this petition are that the petitioner was elected Sarpanch of Gram Panchayat, Hatnapur, District Betul. She was elected in 2000 and was performing her duties as Sarpanch. The petitioner is by caste 'Mehra' and included in other backward class. There are total 15 panchas in Gram Panchayat, Hatnapur, out of which 11 panchas including Up-sarpanch belongs to 'Pawar' caste. On 11.8.2003, 14 panchas of Gram Panchayat, served a notice under rule 3 (1) to the Sub-Divisional Officer, Multai, showing their intention to move no-confidence motion against the petitioner on three grounds. The aforesaid application dated 11.8.2003 is on record as Annexure P-l. The Sub-Divisional














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