w /-• CPf BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH A'LBlLASPURJC.G.l WritPetition (C) No. 5-3 2006 PETITIONER ^ ^?-' G' ''!.•' ^<p^\^" .,^y RESPONDENTS .0<^ /^ ^ >s$s> <5V» <> ».«> ^Mg^s '^^, Manik Das Marukpuii Son of Shri Jhulan Das Manikpur, aged about 36 years, Ex- Sarpanch, Gram Panchayat - Bilaspur, Block and Tahsil - Bilaigarh, District Raipur (C.G.) VERSUS /1. The State of Chhattisgarh, through - the Secretary, Department of Panchayat and Social Welfare Department, D.K.S. Bhawan, Raipur (C.G.) .2. The CoUector, Raipur (C.G.) ,3. The Specified Officer - Cum Sub Divisional Officer - Bilaigarh, Distt. Raipiir (Chhattisgarh) /•4. The Chief Executive Officer, Janpad Panchayat - Bilaigarh, Distt. Raipru- (Chhattisgarh) 5. Shri H.C. Dahariya, Nayab TahsUdar, Presiding OfGcer of Gram Panchayat Bilaspur, Tah. Bilaigarh, Distt. Raipur (C.G.) 6. Gram Panchayat - BUaspur, through - Secretary - Gram Panchayat Bilaspur - Janpad ^i ff -/' .4 „, "v?^, Panchayat Bilaigarh, Distt. Raipur (C.G.) /7. Tulashi Ram Sahu, s/o. Khafalu 8. Smt. Tiharin Bai wife of Tikaram 9. Shri JivanLalSahus/oRam Dhan, ,10. Srat Ramayan Bai, W/o Bhogilal /II. Smt. Janld Bai W/o Devdhar ,12. Smt Sukamat Bai W/o. Konda /13. Smt. DhamyantLn Bai W/o. Sitaram / 14. Smt Prabha Bai W/o Charan , 15. Devnath Sahu S/o Chunnu Lal / 16. Jivan Lal Karsh S/o. Shantram 17. Narsing Jayashwal S/o. Shriram , 18. Shobharam S/o. Udaychand ^19. BhodharamJayashwalS/o. Shukhiram 20. Smt RamshUa Bai W/o Fagulal , 21. HetramMahilaneS/OBishahuram - 22. GhanshyamKhareS/o Accheram y 23. Bholaram Soni S/o. Dashrath. Respondents No. 7 to 23 are the Panchas of Gram Panchayat - Bilaspur and resides at viUage Bilaspiir, Tah. 8s Block Bilaigarh, District Raipur (C.G.) -24. Santosh Kumar Sahu, Ex- Panchayat Secretaiy, Gram Panchayat —Bilaspur R/o. s s in .'i'i Gram - Bilaspur, Block BUaigarh Distt. Raipur (C.G.) WRIT pETmQNJJNDERARTICLES^26^2210FTHE CONSTITUTIQN_QFINDIA '"T'v'iiaiisy-sM HiGH COURT OF CHHATTISGARH AT BILASPU8 SiNGLE BENCH : HON'BLE MR. SATiSH K. AGNJHOTR!. J. Petitioner Respondents WRIT PETtTION ,'C.) N0.5334 OF 2006 Manik Das Manikpuri The State of Chhaffisgarh and others Present : Mr. J.N.Nande, counse! for the petitioner. Mr. N.K.Agravrai, Deputy Advocate General with Mr. Arun Sao, Government Advocate for respondents No.1 to 3. Mr. Ayaz Naved, counsel for respondent No.6. None appears for other respondents. <-.; >th QRDER (Passed on 6'" Day of December, 2006) ,;u\ *' The petitioner was elected Sarpanch of Gram Panchayat Bilaspur, Janpad Panchayat Biiaigarh, District Raipur. A proposai for no confldence motion was moved against the petitioner with prior nofice on 6-5-2006. There were 19 members in the Gram Panchayat Bliaspur. One member expired and one member remained absent in the meeting heid on 6-5-2006. 17 members were present and participated in ths said meeting. The resolution for ho confidence motion was passed against the petitioner by 14 members out of the present 1 7 members of the Gram Panchayat in the said meeting dated 6-5-2006 (Annexure P- 4). 2 members voted against the no confidencs motion and voie of one member was riariarerivniri ———- 2. The petitioner has filed this petltion impugning ths order of the Collector dated 31-8-2008 (Annexure P-11), wherein the Coilector has heid that the proceeding of the meeting dated 6-5-2006 was legai. 3. Learned counse! appearing for the petitionsr submits that the no confidence motion passed against the petitioner in the meeting dated 6-5-2006 (Annexure P-4) is nu!i and void, as 9 Panchas of the Gram Panchayai Bitaspur were not sen/ed with the nottee of the meeting dated 6-5-2006 before the said meeting, faut they were present snd partteipated in the voting without any protest about notice. 4. Be that as it may, it is admitted that the resoiution was passed by ovepwhelming majority and the no confidence motion against the petitioner was carried out by 14 members out of the present 17 members of the Gram Panchayat )n th®said meeting dated 6-5-2008 (Annexure P-4). Oniy 2 members voted against the no confidence motion and vote of one membsr was deciared vold. This Court, in Ghsnshyam Yadav vs. Rameshwar Sahif and others (Writ Petition No.8774 of 2006, decided on 5-12-2006), has heid that in the event, the ^'- resoiution is passed by overwheiming majority, the no confidence motion cannot be declared null and void. Ths facts of this case are simiiar to that of Writ Petition No.6774 of 2006. •>^ 5. Thus, for the above-stated rsasons, the writ petition is dismissed. No order as to costs. 'c.'TT"—' ~'~ Satish K.Agnihotri - Judge ,; • Gopai :«