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CHHATTISGARH HIGH COURT
PRASHANT KUMAR MISHRA, J
Baijnath Patel v. Collector Mahasamund District Mahasamund Chhattisgarh and Others
| Table of Content |
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| 1. rejection based on merits is required for a bar on no-confidence motions. (Para 1 , 2 , 3) |
| 2. arguments presented concerning procedural versus merit-based rejection. (Para 4 , 5) |
| 3. technical rejections do not fulfill statutory requirements for no-confidence principles. (Para 6 , 7 , 8 , 9 , 10) |
| 4. the court concludes that the no-confidence motion is valid. (Para 11 , 12) |
| 5. judicial dismissal of the writ petition. (Para 13) |
1. Petitioner is an ousted Sarpanch of Gram Panchayat Kadadarha, Tahsil Bagbahara, District Mahasamund. The office bearers of the said Gram Panchayat ousted him by passing a resolution on the motion of no confidence brought against the petitioner on 7-9-2016.
2. There is no dispute about the satisfaction of the Rules as contained in the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up - Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice - President Ke Virudh Avishwas Prastav) Niyam, 1994 ('the Rules, 1994' henceforth) insofar as it relates to adherence of the procedure and meeting out the required number of panchas for passing a resolution of motion of no confidence.
3. The short question fallen for consideration in t
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