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MR. SANJEEV PRAKASH SHARMA, J
BIRMA DEVI WIFE OF NAMONARAYAN GURJAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
| Table of Content |
|---|
| 1. challenge to the order regarding sarpanch charge. (Para 1 , 3) |
| 2. discussion on the no confidence motion process. (Para 4 , 5 , 6) |
| 3. court's interpretation of the potential for no confidence. (Para 7 , 8 , 9) |
| 4. court mandated proper procedures for no confidence. (Para 10 , 12) |
| 5. final ruling on the writ petition's results. (Para 13 , 14) |
Judgment/Order
Reserved on 29.04.2019
Pronounced on 30.05.2019
The petitioner by this writ petition has challenged the order dated 18.10.2019 whereby the respondents State Government has directed to give charge of Sarpanch as officiating Sarpanch to the respondent No.5 of Gram Panchayat Khedli.
Brief facts which need to be noted are that the petitioners are elected Ward Panch of Gram Panchayat, Khedli. One Smt Seema who was from SC Women category was elected as Sarpanch. The State Government vide order dated 5.7.2017 suspended Smt. Seema and during her suspension respondent No.5 Brij Mohan Koli, who is from SC category and was a Member Panch of the Gram Panchayat, was given officiating charge of Sarpanch vide order dated 18.7.2017.
Petitioners thereafter moved no confidence motion against the officiating Sarpanch which was signed by 7 P
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